Page No.# 1/5 GAHC040014262025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/105/2025 Smti Tayo Nasum Daughter of Late Tayo Tarang, resident of Lower Model Village (Nyigam Colony Naharlagun), PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented through the PP of AP Advocate for the Petitioner : Tar Torum, Nabam Taro,Kara Parang Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.08.2025 Heard Mr. T. Torum, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent. 2. This instant application has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, read with Article 21 of the Constitution of India, praying for allowing the applicant to go on pre-arrest bail in connection Page No.# 2/5 with Dimapur Women Police Station Case No. 16/2025, under Section 143(3), (4)/137(2)/61 of BNS, 2023. 3. The case as projected by the learned counsel for the accused/applicant is that on 05.07.2025, one Smti Protima Nagbansi and Shri Mila Da Teta introduced themselves as the biological mother and uncle respectively of a minor child, namely, Rosni Nagbansi, approached the accused/applicant to take a temporary custody of the minor girl stating that they belong to a downtrodden family without having much means to support themselves. They stated that due to their poor economic status, they could not support the child with the education and provide proper means for bringing her up. After several repeated requests from the aforesaid Smti Protima Nagbansi and Shri Mila Da Teta, the accused/applicant, with good intention, agreed to keep the child temporarily with her family. It is also stated that while taking the temporary custody of the child, a deed of agreement for guardianship dated 05.07.2025, was executed between the accused/applicant, Ms. Tayo Nasum and the alleged biological mother, Smti Protima Nagbansi to the effect that the accused/applicant will take full responsibility for care/custody /education/health and welfare of the child. By the aforesaid agreement, the alleged biological mother, further appointed the accused/applicant as the legal guardian and custodian of her daughter. There are many other terms and conditions which had been agreed upon between the parties, being not very relevant for the purpose of this case, are not narrated in details herein. 4. After a week of keeping the child with the family, the accused/applicant came to know from the minor child that Smti Protima Nagbansi, who claimed to be the minor child’s mother, is actually not the biological mother of the minor child. The accused/applicant also came to know that Shri Mila Da Teta is also Page No.# 3/5 not related to the minor child. The accused/applicant came to know that the biological parents of the minor child, actually, reside in Dimapur, Nagaland. After knowing about the above facts, the accused/applicant asked the minor child to talk to her biological parents by providing a mobile phone. It is stated that, thereafter, the minor child could manage to get in touch with her biological parents over the phone. After such contact was made with her biological parents, it is stated that a case was filed before the Dimapur police. Accordingly, the Dimapur police came to Naharlagun to take back the child. When the police from Dimapur visited Naharlagun, the girl was returned back to the Dimapur police. Though the police from Dimapur asked the petitioner to visit Dimapur along with them, she refused to do so. On her refusal, the Dimapur police left with the child and issued a notice under Section 35(3) of BNS, 2023 to the accused/applicant to appear before the Dimapur police on 29.08.2025 at 13:00 hours. 5. The learned counsel for the accused/applicant submits that the accused/applicant is willing to appear before the Dimapur police on 29.08.2025. However, she apprehends that she will be arrested on her appearance before the Dimapur police. It is also stated that the accused/applicant is a lactating mother having a baby of one and a half years’ old and she is an uneducated home maker. The learned counsel for the accused/applicant further submits that the accused/applicant shall fully cooperate with the investigation and has filed this pre-arrest application only for a limited period, so that, she can be present before the Dimapur police on the scheduled date and thereafter, file an appropriate application for bail before the Court in Dimapur. The learned counsel for the accused/applicant submits that the accused/applicant will abide by the conditions that may be laid down by this Court in allowing her to go on pre- Page No.# 4/5 arrest bail. 6. This Court has also heard Ms. T. Jini, learned Additional Public Prosecutor, who submits fairly that she does not have any objection, if the pre-arrest bail is allowed for a limited period of time for travelling of the accused/applicant to Dimapur to appear before the Dimapur police on 29.08.2025. She further submits that a date may be fixed after the appearance of the accused/applicant before the Dimapur police on 29.08.2025, enabling the accused/ applicant to file for a regular bail before the appropriate Court in Dimapur. 7. This Court has heard the submissions made by the learned counsel for the accused/applicant as well as the learned Additional Public Prosecutor and after considering the submissions as well as the materials brought on record, this Court is of the considered view that this is a fit case for allowing the accused/applicant to go on bail for a limited period of time. Therefore, this Court directs the accused/applicant to appear before the Dimapur police on the scheduled date i.e., on 29.08.2025 at 13:00 hours and thereafter, on or before 05.09.2025, she shall approach the appropriate Court in Dimapur for proper direction/orders. 8. It is made clear that in case, if the accused/applicant does not approach the appropriate Court in Dimapur on or before 05.09.2025 for necessary orders, the bail so granted to the accused/applicant herein, shall be deemed cancelled. 9. In view of the aforesaid, this Court allows the accused/applicant to go on bail under following conditions: i. That the accused/applicant shall appear before Dimapur police on 29.08.2025 at 13:00 hours without fail. On her appearance, the Dimapur police shall allow her to go on bail on furnishing a bail bond Page No.# 5/5 of Rs. 20,000/- (Rupees twenty thousand) with one surety of like amount to the satisfaction of the concerned authority; ii. That the accused/applicant shall cooperate and appear before the Investigating Officer as and when required; ii. That the accused/applicant shall not temper or hamper with the investigation of the case in any manner. 10. In view of the above of the direction made, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant