Page No.# 1/3 GAHC010002552025 2025:GAU-AS:4945 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/27/2025 MAJIBUR RAHMAN S/O LATE ABDUL KADIR, RESIDENT OF 2 NO. BONGALBORI, DIST MORIGAON ASSAM, 782410 VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:JAHANARA BEGUM W/O- MD. JIYARUL HOQUE A PERMANENT RESIDENT OF VILL- 2 NO. BONGAL BORI P.O AND P.S. JAGIROAD DIST- MORIGAON ASSAM Advocate for the Petitioner : T A LASKAR, MR. D K AGARWALA,A BORBHUYAN Advocate for the Respondent : PP, ASSAM, A S CHOUDHURY (R-2) BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 24.04.2025 Heard Mr. T. A. Laskar, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. M. Hossain, learned counsel on behalf of Mr. A. S. Choudhury, learned counsel for the informant/opposite party No. 2. Page No.# 2/3 2) Apprehending his arrest, the petitioner, namely, Majibur Rahman, son of late Abdul Kadir, resident of 2 No. Bongalbori, District-Marigaon has filed this application under section 482 BNSS, 2023 praying for his pre-arrest bail in Jagiroad Police Station Case No. 69/2024, registered under Sections 365/368/376(1) of the IPC, read with Section 6 of the POCSO Act, 2012, corresponding to G.R. No. 349/2024. 3) As per the FIR dated 18.03.2024 lodged before the Jagiroad Police Station by the complainant/opposite party No. 2, the case is that for the last 6 months, when the minor daughter of the informant used to go to school, the petitioner used to threaten her. In that regard, the family members of the petitioner at his residence were informed. In spite of that, on the date of the incident, i.e., 18.03.2024, when the minor daughter of the complainant/opposite party No. 2, aged about 17 years went to Dongra Bori H.S. School at around 10 AM, the accused petitioner kidnapped her minor daughter and the said minor daughter of the complainant could not be recovered till filing of the FIR. 4) The said FIR of the complainant dated 18.03.2024 was accordingly registered as Jagiroad Police Station Case No. 69/2024 under Sections 365/368/376(1) of the IPC, read with Section 6 of the POCSO Act, 2012, corresponding to G.R. No. 349/2024. 5) Perused the case diary placed before the Court today by Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 6) It is seen from the case diary that the victim girl was subsequently recovered from Rangia on 19.03.2024. 7) In her statement before the learned Additional Chief Judicial Magistrate, Morigaon recorded under Section 164 Cr.P.C., the minor victim girl implicated the petitioner of forcefully committing physical relation with her on the night of 18.03.2024. She also stated that the accused petitioner forcefully took her away from school, initially by a boat and thereafter by a bus and kept her confined in a house of his friend at Rangia. Next day in the morning, the petitioner fled away from the house of his friend, keeping her in it and later, boys from AAMSU recovered her and produced her at Rangia Police Station and from Rangia Police Station, police personnel of Jagiroad police station recovered her. 8) During investigation of the case, Police have also seized the birth certificate of the Page No.# 3/3 victim girl having Registration No. 238/2013 issued by the Registrar of Births and Deaths, Nakhala Subsidiary Health Centre, Jagiroad, Moriagaon issued on 14.03.2013 indicating the date of birth of the victim girl as 20.02.2007. As such, on the date of incident on 18.03.2024, the victim girl was a minor of 17 years of age and hence, she was a child as per the definition of the POCSO Act, 2012. 9) Since the minor victim girl implicated the petitioner in her statement under Section 164 Cr.P.C before the learned Additional Chief Judicial Magistrate, Morigaon and sufficient incriminating materials were found against him of kidnapping the minor victim girl as well as of committing forceful sexual relation with her, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner in said Jagiroad P.S. Case No. 69/2024. 10) Accordingly, this pre-arrest bail application of the petitioner, namely, Majibur Rahman, son of late Abdul Kadir in said Jagiroad P.S. Case No. 69/2024 stands rejected. 11) Return the case diary herewith. JUDGE Comparing Assistant