Page No.# 1/3 GAHC010238802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2605/2025 SRI FARUK HOSSAIN SON OF SRI ABDUR RASHID @ SRI ABDUL RASHID, R/O VILL- MADHUSAILMARI PART-2 (KURUSHKATI), P.O. MADHUSAILMARI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. I HAQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24-11-2025 Heard Mr. I. Haque, learned counsel for the petitioner as well as Ms. A. Begum, learned APP for the State. 2. The petitioner, namely Faruk Hossain has filed this application under Page No.# 2/3 Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is apprehending arrest in connection with Gauripur P.S. case No.1459/2021 corresponding to G.R. case no.5424/2021 under section 498A/448/376/325/307 IPC dated 16.10.2021 and registered as PRC case no.1248/2023 under section 376/498A/34 IPC pending before the JMFC, Dhubri. 3. As per the allegations contained in the FIR, ever since the marriage of the victim to the accused petitioner no.1 namely, Zakir Hussain, she has been forcibly raped on several occasions by her brother-in-law namely, accused no.2, Faruk Hussain. It is further alleged that the said brother-in-law i.e. the present petitioner, namely, Faruk Hussain also threatened to kill her and assaulted her both physically and mentally. 4. On other hand the learned counsel for the petitioner has pointed out that the present one is the third FIR against the accused persons lodged on 16.10.2021 wherein it has been alleged that she was subjected to rape by the present petitioner ever since her marriage to his brother. However, in the previous two FIRs i.e. on 17.01.2020 and 21.09.2021 lodged by the same informant, there was no such allegation of rape against the present petitioner. It is further pointed out that in both the previous cases charge sheet has been submitted but the name of the petitioner was not included therein. 5. Having regard to the aforesaid facts and circumstances, the Court is inclined grant the privilege of pre-arrest bail to the petitioner namely, Faruk Hossain, by providing that in the event of his arrest in the above mentioned case, the petitioner shall be released on bail on furnishing bail bond of Rs.50,000/- with one solvent surety of like amount to the satisfaction of the arresting officer. 6. It is further provided that the petitioner shall cooperate with the investigation and appear before the IO as and when called for and that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or Page No.# 3/3 tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. 7. This application stands disposed of. JUDGE Comparing Assistant