Page No.# 1/6 GAHC010046722025 2025:GAU-AS:7268 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/541/2025 ABDUL KUDDUS MOLLAH AND 10 ORS S/O LATE ABED ALI MOLLAH R/O VILL-ALOMGANJ PART-I, AMBARI, P.O.ALOMGANJ,P.S. GAURIPUR, DIST.DHUBRI, ASSAM PIN-783339 2: RABIYA BIBI W/O ABDUL KUDDUS MOLLAH R/O VILL-ALOMGANJ PART-I AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 3: NUR ISLAM MOLLAH S/O ABDUL KUDDUS MOLLAH R/O VILL-ALOMGANJ PART-I AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 4: JOHIRUL ISLAM MOLLAH S/O ABDUL KUDDUS MOLLAH R/O VILL-ALOMGANJ PART-I Page No.# 2/6 AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 5: REJINA KHATUN @ AJIMA KHATUN W/O NUR ISLAM MOLLAH R/O VILL-ALOMGANJ PART-I AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 6: JULIFA KHATUN @ JULUFA PARBIN W/O JOHIRUL ISLAM MOLLAH R/O VILL-ALOMGANJ PART-I AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 7: YUSUF SARKAR @ MD.YOUSUF ALI @ KAZI S/O ISMAIL SK. R/O VILL-ALOMGANJ PART-I AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 8: AHMED ALI @ AHMED ALI S/O TAHER ABU SK @ ABDUL HUSSAIN R/O VILL-ALOMGANJ PART-I Page No.# 3/6 AMBARI P.O.ALOMGANJ P.S. GAURIPUR DIST.DHUBRI ASSAM PIN-783339 9: ATOWAR RAHMAN @ ATAUR RAHMAN S/O LATE ROSTAM ALI R/O VILL-BHOGDAHAR P.O. PATAMARI P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783324 10: IDRISH ALI MOLLAH S/OABED ALI MOLLAH R/O VILL-BHOGDAHAR P.O. PATAMARI P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783324 11: JAHINGIR MOLLAH @ JAHANGIR ALOM S/O IDRISH ALI MOLLAH R/O VILL-BHOGDAHAR P.O. PATAMARI P.S. DHUBRI DIST. DHUBRI ASSAM PIN-78332 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SURUT JAMAL SHEIKH Page No.# 4/6 S/O LT. HARAN ALI SK. VILL- RAJAPARA PART-II P.S. BAGRIBARI P.O. BAGRIBARI DIST. KOKRAJHAR ASSAM PIN-78334 Advocate for the Petitioner : MR. T SK, MR. I ALAM Advocate for the Respondent : PP, ASSAM, MS. M K BROWN (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025 Heard Mr. I. Alam learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam as well as Ms. M.K. Brown, learned legal aid counsel appearing for the respondent No.2. 2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for pre-arrest bail in respect Bagribari P.S. Case No. 10/2025. 3. The informant has raised objection in the F.I.R, that the petitioners Joynal Abedin SK and Ahmed Ali had kidnapped his minor daughter who was aged about 17 years. The girl was recovered but again the girl was kidnapped by them. 4. It may be stated that all the petitioners are relatives of Joynal Abedin SK. 5. The girl has given statement under Section 183 of B.N.S.S, 2023, wherein she has stated that she was love with Joynal Abedin and therefore, she eloped with him. Page No.# 5/6 According to her, she was below 18 years of age at that time. After that her parents brought her back from the house of Joynal Abedin. According to the girl, she was promised by her father that she will be given in marriage to Joynal Abdein, but her father did not do so, therefore, the girl again eloped with Joynal Abedin they stayed together for some months. Again her father brought back she was physically manhandled by her father after that she again went with the Joynal ABedin. According to the girl, she is now more than 18 years of age. 6. After considering the submissions made by the learned counsels of both sides, this Court is of the opinion that the girl was consenting party and the girl has been unnecessarily restrained by her parents. 7. Therefore, the prayer for bail application is allowed. 8. The petitioners, i. Rabiya Bibi, ii. Rejina Khatun @ Ajma Khatun, iii. Julifa Khatun @ Julufa Prabin, were granted interim bail and they have appeared before the Investigating Officer. They have been co-operating with the Investigating Officer. Therefore, their interim bail is made absolute. 9. So far as all the petitioners are concerned, this Court is hereby direct that in the event of arrest in connection with Bagribari P.S. case No. 10/2025, the petitioners, i. Abdul Kuddus Mollah, ii. Nur Islam Mollah, iii. Johirul Islam Mollah, iv. Yusuf Sarkar @ Md. Yousuf Ali@Kazi, v) Ahmed Ali @ Ahmed Ali, vi) Atowar Rahman @ Ataur Rahman vii) Idrish Ali Mollah, and viii) Jahingir Mollah @ Jahangir Alom shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the arresting authority. 10. In the aforesaid directions, this anticipatory bail application is disposed of. Page No.# 6/6 11. Case diary shall be returned. JUDGE Comparing Assistant