Page No.# 1/3 GAHC010006212025 2025:GAU-AS:1281 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/104/2025 MONIRUL ISLAM S/O ABDUL MALEK SK. VILL- CHOTO KAZIRGAON P.S. SUKCHAR DIST. SOUTH SALMARA -MANKACHAR, ASSAM, PIN- 783128 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 07.02.2025 1. Heard learned counsel Mr. A. Z. Ahmed for the petitioner Monirul Islam. 2. The petitioner has filed this application under Section 482 of the BNSS, 2023 Page No.# 2/3 with prayer for pre-arrest bail as he is apprehending arrest in connection with Sukchar P. S. Case No. 71/2024 under Sections 140(3)/61(2)/351 of the BNS. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State. 4. The FIR unfolds that the petitioner with the aid of the co-accused named in the FIR induced the victim, kidnapped and concealed her in some unknown place. When the accused No. 2 and 3 named in the FIR were apprised of the incident by the informant, they threatened to kill the informant and her husband and to drive them away from their residence. 5. Learned Additional Public Prosecutor has submitted that the victim is a minor and the petitioner is not entitled to bail. 6. Learned counsel for the petitioner has submitted that there was a love relationship between the accused petitioner and the victim and the victim has voluntarily eloped with the petitioner. The petitioner is entitled to bail as there is no allegation of sexual assault against him. 7. I have considered the submissions at the Bar with circumspection and I have also scrutinized the Case Diary. It appears that anticipatory bail may be granted to the petitioner. 8. In the event of the arrest of the petitioner, the petitioner shall be enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction Page No.# 3/3 of the arresting authority under the condition that:- (i) The petitioner shall appear before the Investigating Officer within 1 (One) week and co-operate with the investigation, On breach of any of the bail conditions, bail order shall automatically stand cancelled. 9. Send back the Case Diary. JUDGE Comparing Assistant