Page No.# 1/4 GAHC010050672025 2025:GAU-AS:4511 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/578/2025 AJIJUL HOQUE AND 2 ORS. S/O ZAKIR HUSSAIN VILL- JHAPUSABARI PT II, PS AGOMONI, DIST. DHUBRI, ASSAM 2: SAJIRON BIBI S/O ZAKIR HUSSAIN VILL- JHAPUSABARI PT II PS AGOMONI DIST- DHUBRI ASSAM 3: ABUL SK S/O ENAMOT MIYA VILL-HAPUSABARI PT II PS AGOMONI DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:ABDUS SATTAR SARKAR S/O SAHAR ALI VILL-JHAPUSABARI PT.II P.O.JHAPUSABRI P.S. AGOMONI DIST. DHUBRI ASSAM PIN-78333 Page No.# 2/4 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, MR. P J SAIKIA (R-2),MR R ISLAM(R-2),MS B CHOUDHURY, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 Heard Mr. S Islam, learned counsel for the petitioners and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. P J Saikia, learned counsel for the respondent No. 2 as well as Ms. B Choudhury, learned Amicus Curiae appearing for the respondent No. 2. 2. This application under Section 482 of the BNSS has been filed by the petitioners, namely, (i) Ajijul Hoque, (ii) Sajiron Bibi and (iii) Abdul Sk, who are apprehending their arrest in connection with Agomoni Police Station Case No. 89/2024 under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 read with Sections 6/17 of the POCSO Act, 2012 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The gist of accusation in this case is that on 16.10.2024 the father of the victim girl lodged an FIR before the Officer-in-Charge of Agomoni Police Station inter alia alleging that on 25.03.2021 as well as on 18.04.2021 the petitioner No. 1 had kidnapped the minor daughter of the informant and on both the occasions she was recovered. Thereafter, in the year 2023, the petitioner No. 1 again kidnapped the daughter of the informant and solemnized secret marriage with her. 4. Mr. S Islam, learned counsel for the petitioners has submitted that the petitioner Nos. 2 & Page No.# 3/4 3 are not involved in the case and the petitioner No. 1 had love affair with the victim girl and the victim girl came with him on her own. He further submitted that now the victim girl has been married with some other person at Sapatgram. 5. Mr. P Borthakur, learned APP, Assam has produced the case diary of Agomoni P.S. Case No. 89/2024 and has submitted that though in her statement recorded under Section 183 of the BNSS, the victim girl has stated that she came along with the petitioner No. 1 on her own, however, she has also stated that she was a minor at that time and that she had physical relation with the petitioner No. 1 on more than one occasions. 6. On the other hand, Mr. P J Saikia, learned counsel as well as Ms. B Choudhury, learned Amicus Curiae also opposed to grant of pre-arrest bail to the petitioner No. 1 on the ground that the petitioner No. 1 has committed the offence under the POCSO Act on three occasions and earlier on two instances charge-sheets have been laid against him. 7. I have considered the submissions of both the sides and have also perused the case diary of Agomoni P.S. Case No. 89/2024. 8. Though the investigation is in progress, however, there are sufficient incriminating materials against the petitioner No. 1, Ajijul Hoque, which does not justify granting him protection of any favorable order under Section 482 of the BNSS. Hence, prayer for pre-arrest bail of the petitioner No. 1, Ajijul Hoque, is hereby rejected. 9. However, with regard to the petitioner Nos. 2 & 3, namely, Sajiron Bibi and Abdul Sk, they are directed to appear before the Investigating Officer of Agomoni P.S. Case No. 89/2024 within a period of 10 (ten) days from the date of this order and to co-operate in the investigation of the case. 10. If they do so within the stipulated period of time, in the event of their arrest in connection with the above noted case, both the petitioner Nos. 2 & 3 shall be allowed to go on pre-arrest bail of Rs. 30,000/- (Rupees Thirty Thousand Only) each, with one surety each of the like amount, to the satisfaction of the arresting authority with the condition that they shall co-operate with the Investigating Officer of the case. 11. With the above observations and directions, this pre-arrest bail application accordingly Page No.# 4/4 stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant