Page No.# 1/4 GAHC010186962025 2025:GAU-AS:14778 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2015/2025 JAHIRUL HAQUE ALIAS JOHORUL HOQUE SON OF LT. HIFZUR RAHMAN (FATHERS NAME SHOWN AS LATE MOFIZUL RAHMAN IN THE FIR) R/O VILL- BEHAIRDALA, P.S. RATABARI, P.O. LILACHILA, DIST. SRIBHUMI. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MOIN UDDIN S/O LT. AZIR UDDIN VILL- PATIALA P.S. RATABARI DIST. SRIBHUMI ASSA Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, MS P DAS(AMICUS CURIAE) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 01.11.2025 1. Heard Mr. A. Ahmed, learned counsel assisted by Mr. M. A Choudhury, learned counsel for the petitioner and Ms. P. Das, learned Amicus Curiae for the respondent no.2. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Jahirul Haque @ Johorul Hoque, seeking pre-arrest bail in connection with Ratabari P.S Case No. 30/2025 registered under Sections 65(1) of BNS, R/W Section 4 of POCSO Act. 3. The case arose out of an FIR dated 25.02.2025, lodged by the father of the alleged victim girl with the allegation that the said victim girl aged 16 years was earlier disturbed by the petitioner and on the day of the incident, he took her in an Auto while she was returning from School and subsequently, sexual assault committed upon her. 4. The learned counsel for the petitioner submits that the accused petitioner is aged only 21 years and the girl, aged 16 years, is a minor; that they were having a love affair which was objected to Page No.# 3/4 by the family and therefore, this present proceeding has been initiated. 5. The case diary has been received and placed before the Court. 6. The learned Additional Public Prosecutor for the State submits that, in both the statements of the girl recorded by police as well as before the learned JMFC, she has implicated the present petitioner. 7. The learned Amicus Curiae for the respondent no.2 submits that the age of the victim girl is prima-facie 16 years and hence, she is a minor. 8. I have perused the statements recorded before the Magistrate as well as those recorded before the police. 9. In both the statements, the victim girl has stated about sexual assault and the same is also corroborated by the statements of other witnesses such as her cousins etc. 10. In the given facts and circumstances, I am unable to agree to grant anticipatory bail to the petitioner. 11. Considering the nature of the alleged offences, the fact that it was allegedly committed against the minor girl and the given facts and circumstances, the prayer for pre-arrest bail stands rejected at Page No.# 4/4 this stage. 12. Return back the case diary. 13. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant