Page No.# 1/2 GAHC010027122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/305/2025 SRI PRANAB BORO R/O- MILIJULI PATH, NO-1, HENGRABARI, LICHUBAGAN, P.O.HENGRABARI,P.S.DISPUR, DIST.KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M SAIKIA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.02.2025 Heard Mr. M. Saikia, the learned counsel appearing for the petitioner as well as Mr. RR Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for pre-arrest bail in respect of Jalukbari P.S. Case No. 0036/2025. 3. A 40 years old girl was maintaining relationship with the present petitioner. It may Page No.# 2/2 be stated that the petitioner promised to marry her and also put vermilion on her forehead. 4. Thereafter, the petitioner allegedly refused to marry her. It may also be stated that the girl became pregnant because of her relationship with the present petitioner. 5. The learned counsel for the petitioner submits that he is a victim of a trap created by the informant girl. According to the petitioner, he never promised the informant to marry him. 6. I have considered the submissions made by the learned counsels of both sides. 7. On a plain reading of the FIR, it can be easily presumed that the informant girl was a consenting party to the act of the present petitioner. Moreover, a simple promise to marry without anything more does not constitute misconception of fact. For these reasons, the petitioner does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Jalukbari P.S. Case No. 0036/2025, the petitioner Sri Pranab Boro shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 9. The petitioner shall co-operate with the Investigating Officer as and when required. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant