Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/462/2025 HAMIDUL ISLAM S/O ABDUL LATIF R/O VILL-NO. 1 GAGALMARI @ HASANA BAZAR, P.S. MAYONG DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM,
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R 28.02.2025
Heard the learned counsel Mr. N.J. Dutta appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam.
2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest
Page No.# 2/2 bail in respect of Mayong P.S. Case No.02/2025 under Section 142 of the BNS, 2023.
3. The informant has alleged in the FIR that on 31.12.2024, her 16 year old daughter went missing after she went to school. On the same day, the sister of the present petitioner informed the informant that the petitioner has kept the girl in the house for the purpose of marriage.
4. Mr. Dutta submits that the girl went to the house of the present petitioner on her own and without prior knowledge of the present petitioner. According to Mr. Dutta, both the family have now entered into an agreement that after the girl attains majority she would be given marriage to the petitioner. To that effect, a document has been executed by the father of the girl as well as the petitioner. The said document shall form a part of the record.
5. I have considered the submissions made by the learned counsel of both sides.
6. Under the given circumstances, this Court is of the opinion that the petitioner does not deserve to be detained in custody. Therefore, his pre-arrest bail application is allowed.
7. It is hereby directed that in the event of arrest in connection with Mayong P.S. Case No.02/2025 under Section 142 of the BNS, 2023, the petitioner, namely- Hamidul Islam shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of arresting authority.
8. The above named petitioner shall co-operate with police investigation as and when called for. With the aforesaid direction, the anticipatory bail application is disposed of accordingly.
JUDGE Comparing Assistant