Page No.# 1/2 GAHC010026842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/327/2025 ABDUL HAKIM S/O- FAJAL HOQUE@ FAJAR ALI, VILL- DHUPURI SIMLABARI, P.S- PAMBARI, DIST- CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Heard Mr. M.I. Hussain, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the Page No.# 2/2 State. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Manikpur P.S. Case No.03/2025. 3. The FIR was lodged by a married woman having children. The said FIR contains two stories. One story is that on 23.11.2024 at about 9 P.M., the present petitioner had trespassed into her bedroom and had forceful sexual intercourse with her. The second story is that on the next day i.e. 24.11.2024 at about 6 P.M. another person, namely- Forman Ali took her in a motorcycle and dropped her in her paternal uncle’s house. The informant lady also alleged that the present petitioner took away an amount of ₹30,000/- along with some gold ornaments from her. She alleges that all those things were taken away by the present petitioner by force. 4. The informant lady lastly submits that the present petitioner proposed to marry her and that is why the delay in filing the FIR took place. 5. I have considered the submissions made by the learned counsel of both sides. 6. On a plain reading of the FIR, it is clear that the informant lady was a consenting party to the act of the present petitioner. Therefore, the petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed. 7. It is hereby directed that in the event of arrest in connection with Manikpur P.S. Case No.03/2025, the petitioner Abdul Hakim shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 8. The petitioner shall co-operate with police investigation and appear before the Investigating Police Officer as and when called for. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant