Page No.# 1/2 GAHC010009272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/110/2025 SAMINUL ISLAM S/O JAKIR HUSSAIN R/O VILL- TILPUKHURI P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:AHAMAD ALI S/O LATE NAMU SHEIKH R/O VILL- BALARPET P.S. ABHAYAPURI DIST. BONGAIGAON ASSAM PIN NO. 783384 MOBILE NO. 600062409 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, MR. S S S RAHMAN (R-2),MS B H SHIRIN(R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.02.2025 Page No.# 2/2 Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor as well as Mr. S.S.S. Rahman, learned counsel for the respondent No.2. 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioner namely, Saminul Islam, who is apprehending his arrest in connection with Abhayapuri Police Station Case No.289/2024, under Sections 87/65(1) BNS, 2023 r/w Section 4 of POCSO Act. 3. The gist of accusation in this case is that on 18.12.2024, the respondent No.2, who is the father of the victim girl, had lodged an FIR before the Officer-in-Charge of Borbhula Outpost, inter alia, alleging that the minor daughter of the respondent No.2 went missing on 16.12.2024. Later on, she was brought back from the house of one Foridul Hoque Sarkar. It was also alleged in the FIR that she was taken by the present petitioner on inducement to get marry and she was subjected to physical intercourse and was left alone in the bank of Manas River. 4. Learned counsel for the petitioner has submitted that there was a love affair between the petitioner and the victim girl and there was no forceful sexual intercourse. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Abhayapuri P.S. Case No.289/2024 and has submitted that the victim girl in her statement recorded under Section 183 of BNSS has categorically stated that she was subjected to forceful sexual intercourse. 6. Learned counsel for the respondent No.2 has also submitted that though there was a love affair between the victim girl and the petitioner, however, she was subjected to forceful sexual intercourse. 7. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record. 8. Considering the incriminating evidence available against the present petitioner in the case diary and considering the nature of the offence involved, this Court is reluctant to grant anticipatory bail to the present petitioner in this case. Hence, the bail application stands rejected. JUDGE Comparing Assistant