MAJIBAR RAHMAN AND 3 ORS v. THE STATE OF ASSAM AND ANR
AB/2427/2025 · 2025-11-30
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26914 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26914 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010226422025
2025:GAU-AS:16424
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2427/2025 MAJIBAR RAHMAN AND 3 ORS SON OF INCHAN ALI, R/O- VILLAGE- PURABA LUWASUR, P.O. MAZGAON, P.S. PATACHARKUCHI, DISTRICT- BAJALI, ASSAM 2: HAMELA KHATUN WIFE OF MAJIBAR RAHMAN R/O- VILLAGE- PURABA LUWASUR P.O. MAZGAON P.S. PATACHARKUCHI DISTRICT- BAJALI ASSAM 3: ABDUL HALIM SON OF MAJIBAR RAHMAN R/O- VILLAGE- PURABA LUWASUR P.O. MAZGAON P.S. PATACHARKUCHI DISTRICT- BAJALI ASSAM 4: MASUMA AKHTAR WIFE OF ABDUL HALIM R/O- VILLAGE- PURABA LUWASUR P.O. MAZGAON P.S. PATACHARKUCHI DISTRICT- BAJALI ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:RAHUL AMIN SON OF NAYAM ALI R/O VILLAGE PURABA LUWASUR P.O. MAZGAON
Page No.# 2/3 P.S. -PATACHARKUCHI DISTRICT- BAJALI ASSA Advocate for the Petitioner : MR. R ALI, N PERVIN,MR. MUSTAFA HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER 01.12.2025 Heard Mr. M. Hussain, learned counsel appearing for the accused- applicants. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of BNSS, 2023, for granting pre- arrest bail to the accused-applicants in connection with Patacharkuchi Police Station Case No. 174/2025 registered under Section 6 of the POCSO Act.
3. The gist of the F.I.R. is that one Mr. Mahibul Islam induced the minor sister of the informant and had forceful sexual intercourse with her in his residence. When the informant got to know about the incident, he along with his family members immediately intimated the same to the family member of the accused Mahibul Islam. But the family members, including the applicants did not take any action against the accused, Mohibul Islam, rather Mohibul Islam fled away.
4. Vide an order dated 09.10.2025, a Coordinate Bench of this Court has already granted interim bail to the accused-applicants and the accused- applicants have already appeared before the I.O. and got their statements recorded.
Page No.# 3/3
5. In view of the aforesaid submissions and taking into account of the entire
facts, this Court is of the opinion that the interim bail so granted, vide an order dated 09.10.2025, should be made absolute with the same terms and conditions.
6. Accordingly, the instant Anticipatory Bail application is disposed of. JUDGE Comparing Assistant