Page No.# 1/3 GAHC010001422025 2025:GAU-AS:2541 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/84/2025 LUHIT DAS S/O BHUDHAR DAS R/O VILL- BAMUNGAON, TINALI, (LANKA) P.O. AND P.S. LANKA DIST. HOJAI, ASSAM PIN CODE-782446 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:BIPLAB MAZUMDAR S/O LATE ROBIN MAZUMDAR R/O BAMUNGAON P.O. AND P.S. LANKA DIST. HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR. M U MAHMUD, MR S H MAHMUD,MS. M BEGUM,MS. F RAHMAN Advocate for the Respondent : PP, ASSAM, MR. P SAIKIA, LEGAL AID COUNSEL Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-03-2025 Learned counsel Mr. M.U. Mahmud for the petitioner Luhit Das, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Lanka Police Station Case No. 384/2024 under Section 65(2)/62 of Bharatiya Nyaya Sanhita, 2023 read with Section 10/18 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam for the respondent State. The Legal Aid Counsel representing the respondent No. 2 is not present today. 3. The FIR unfolds that on 10.12.2024 at about 3:00 PM, the petitioner took the minor 7 (Seven) years old victim to his house while she was playing with her friends near the pond. After taking the victim to his house near the cowshed, the petitioner tried to force himself onto the victim but meanwhile the victim’s friends followed her to the place of occurrence and the petitioner let go of the minor victim. 4. Learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. The statement of the victim under Section 164 of the Code of Criminal Procedure, 1973 as well as the statements of her friend of reflects that the petitioner is complicit. 5. I have scrutinized the Case Diary and the statements of the victim and her Page No.# 3/3 friend under Section 164 of CrPC/183 of BNSS. 6. It is submitted on behalf of the petitioner that the petitioner is a religious person and he is being maintaining the Rahial Block Namghar for ten years. The members of Rahial Block Namghar have given their signatures, vouching for the moral character of the petitioner. It is submitted by the learned counsel for the petitioner that the informant had earlier lodged a similar case against another person. 7. I have considered the submissions at the bar with circumspection. No case number or copy of any proceeding however has been submitted by the petitioner in support of his allegation that the informant had brought up similar case against the other persons. I have also scrutinized the Case Diary. At this juncture, there appears to be no justified ground to grant the privilege of anticipatory bail to the petitioner. 8. Petition stands rejected at this stage. 9. Send back the Case Diary. 10. In terms of the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant