Page No.# 1/4 GAHC010035412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/441/2025 PRASENJIT MAZUMDER C/O SANTI MAZUMDAR, A RESIDENT OF VILL- RONGKUT NO. 1, BLOCK 1-1, P.O. RONGKUT P.S. HAWRAGHAT, DIST.. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:NIMAI MAZUMDER S/O SRI CHINTAHARAN MAJUMDER A PERMANENT R/O VILL-UTTAR BORBIL BLOCK NO. 01 P.O.HAWRAGHAT P.S.HAWRAGHAT DIST. KARBI ANGLONG ASSAM PH. NO.690110378 Advocate for the Petitioner : TAWHID LASKAR, A BORBHUYAN,MR. KAUSAR AHMED Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.04.2025 1. Heard Mr. D. K. Agarwala, learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the State as well as Ms. M. K. Brown, the learned Amicus Curiae for the respondent No. 2. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Prasenjit Mazumder, who is apprehending his arrest in connection Howraghat P.S. Case No. 03/2025 under Section 87 of BNS read with Section 4 of the POCSO Act, 2012. 3. The gist of accusation in this case is that on 12.01.2025, the father of the victim girl had lodged an FIR, inter alia, alleging that the victim girl, who was aged about 14 years went to the residence of her friend nearby their residence for taking some question paper, and thereafter she did not return. It is further stated in the FIR that the informant suspected that the victim girl might have been kidnapped by someone. 4. The learned counsel for the petitioner has submitted that initially on receipt of Howraghat P.S. Case No. 03/2025 was registered under Section 87 of BNS and later on Section 4 of the POCSO Act, 2012 was added after recovery of the victim girl. 5. The learned counsel for the petitioner has submitted that the petitioner and the victim were having a love affair. He further submits that the petitioner is also a young boy of 18 years and 8 months at the time of date of alleged offence. He further submits that the petitioner is ready to cooperate in the investigation, and, therefore, he may be allowed to go on anticipatory bail. Page No.# 3/4 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Howraghat P.S. Case No. 03/2025 and has submitted that the investigation has fairly progressed and the statement of the victim girl has also been recorded. 7. Ms. M. K. Brown, the learned Amicus Curiae for the respondent No. 2 has submitted that as the victim in this case is minor, therefore, the question of any consent of her part is not relevant in this case. 8. I have also perused the medical examination report of the victim girl which shows that there is no evidence of recent sexual intercourse on the persons of the victim girl neither there is any evidence of injury detected of her person. 9. I have also perused the statement of the victim girl recorded under Section 183 of the BNSS. 10. On perusal of the materials available on record, this Court is of considered opinion that the investigation of this case has fairly progressed and considering the materials available in the case diary, the custodial detention of the present petitioner may not be necessary, if he cooperates in the investigation. 11. In view of the above, the petitioner is directed to appear before the Investigating Officer of Howraghat P.S. Case No. 03/2025 within a period of ten days from the date of this order, and cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest, in connection with Howraghat P.S. Case No. 03/2025, the above named petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with Page No.# 4/4 following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to the victim girl or any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer. 12. This anticipatory bail application is accordingly disposed of. 13. Send back the case diary. JUDGE Comparing Assistant