Page No.# 1/4 GAHC010246202025 2025:GAU-AS:15243 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2641/2025 MOMTAJUR RAHMAN S/O ABDUL JABBAR, R/O BARUARJHAR, NO. 1/2 DALGAON, DARRANG, ASSAM. VERSUS THE SATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S BISWAS, MR A BORUAH,MR C GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.11.2025 1. Heard Mr. S. Biswas, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor, Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Momtajur Page No.# 2/4 Rahman, who is apprehending that he may be arrested in connection with Bilasipara P.S. Case No. 406/2023, in which charge sheet has already been laid and he has received summons from the Court of the learned Judicial Magistrate First Class, Bilasipara. 3. He submits that since charge sheet has been filed against the present petitioner finding materials against the petitioner under Section 366A of the BNS, 1860, he apprehends that on his appearance before the Court of the learned Judicial Magistrate First Class, Bilasipara, he may be arrested and remanded to custody. 4. He further submits that in her statement recorded under Section 164 CrPC, the victim girl had stated before the Investigating Officer that she went with the petitioner on her own volition and thereafter, on 20.10.2023, she was brought back. She also had stated that no physical relationship was committed by the present petitioner. 5. On the other hand, the learned Additional Public Prosecutor, has submitted that no case has been made out by the petitioner for grant of a direction under Section 482 of BNSS, 2023, as there is no apprehension of him getting arrested with this case. 6. He further submits that the Committal Court, i.e. the Court of the learned Judicial Magistrate First Class, Bilasipara, has issued summons from the said Court, is competent enough to consider an application for bail if same is moved by the petitioner. 7. I have considered the submissions made by the learned counsel for both sides. An application under Section 482 of Bharatiya Nagarik Page No.# 3/4 Suraksha Sanhita, 2023 (BNSS) is maintainable only if the petitioner apprehends that he may be arrested in connection with the case. Such apprehension has to be a genuine apprehension. 8. In the instant case, the Court which had issued summons is a Court of Judicial Magistrate First Class, Bilasipara that the maximum punishment prescribed for offence under Section 366A is imprisonment which may extend to 10(ten) years. 9. The Committal Court has only issued summons and the next date is fixed on 20.11.2025. On his appearance before the Committal Court, the petitioner may file an application for bail if so advised. 10. This Court is of the considered opinion that as the Court which had issued summons to him has no embargo in considering the bail application and granting the same, moreso, when the victim girl has herself stated in her statement recorded under Section 164 CrPC that she went with the petitioner on her own volition and no physical relationship was made between her and the petitioner, this Court is of the considered opinion that the apprehension that on his appearance the petitioner would be arrested and sent to jail does not have any reasonable basis. 11. The petitioner may appear before the Committal Court and may file an application for regular bail if so advised before the said Court on his appearance, this anticipatory bail application is accordingly dismissed. Page No.# 4/4 JUDGE Comparing Assistant