Page No.# 1/3 GAHC010017492025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./229/2025 GAURAV THAPA @ GAURAB THAPA SON OF LATE DHAN BAHADUR THAPA RESIDENT OF LUTUMA, KAHILIPARA, HOUSE NO. 36, POLICE STATION DISPUR DISTRICT KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.02.2025 Heard Mr. S.Munir, learned counsel for the petitioner and Mr. D.P.Goswami, learned Addl.Public Prosecutor for the State of Assam. This is an application under Section 483 of the BNSS 2023, whereby the petitioner, Gaurav Thapa @ Gaurab Thapa has prayed for releasing him on Page No.# 2/3 bail after he was arrested in connection with All women Police Station Case No. 13/2025 under Section 376 (2) (n)/506 of the IPC. A girl above 18 years of age was in love with the present petitioner. She alleges that on promise of marriage, the petitioner had sexual intercourse with her on multiple occasions. In the year 2023, she got pregnant and in the last part of 2023, she delivered a girl child but the petitioner and his family members, who earlier promised that she will be brought to their family on marriage, have stopped taking any initiative. The girl has alleged that the petitioner and his family members had threatened her and her child that both will be killed, if she approach their family for marriage. In the meantime, the petitioner was preparing to marry another girl. I have considered the submissions of the learned counsel for both the sides. The victim girl was major while she was maintaining relationship with the petitioner. It is a settled principle of law that a simple promise of marriage does not constitute misconception of fact as defined by law. Therefore, under the given circumstances, the petitioner no longer deserves to be detained in custody. It is further directed that the petitioner, Gaurav Thapa @ Gaurab Thapa who was arrested in connection with All Women Police Station Case No. 13/2025 shall be released on furnishing bail bond of Rs.25,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwhati. With the aforesaid direction, the bail application stands disposed of. Case diary be returned back. JUDGE Page No.# 3/3 Comparing Assistant