Page No.# 1/3 GAHC010057642025 2025:GAU-AS:6482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/678/2025 MOFIDUR ISLAM @ MOFIDUR RAHMAN S/O LT.AMIR HUSSAIN VILL-TATIPARA (BORAITARI) P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHAJAHAN ALI S/O SABDUL SK. SECRETARY OF GOTABARI KHOPATIA G.P. P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, Amicus Curiac, (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-05-2025 Heard learned counsel Mr. A. Hussain for the petitioner, who has filed this Page No.# 2/3 application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Special (P) Case No. 241/2024 under Section 9 of PCM Act, R/W Section 6 of POCSO Act, 2012 arising out of Sukchar Police Station Case No. 237/2023 under Section 9/10/11 of Prohibition of Child Marriage Act, 2006 R/W Section 6/17 of POCSO Act. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam and Mr. A. Phukan, learned Amicus Curiae for the respondent No. 2. 3. I have scrutinized the scanned copies of the Trial Court Records. 4. Learned counsel for the respondent Nos. 1 and 2 have raised objection stating that the petitioner is booked under a heinous offence. 5. I have considered the submissions at the bar with circumspection. I have considered the submission that the petitioner is already married to the victim, who has attained majority by now. 6. It is submitted by the petitioner that the victim and the petitioner had a love relationship and they got married and now, they are blessed with a son and they are leading a happy married life. It appears that the petitioner is also willing to cooperate with the trial. 7. Considering all aspects, it appears that anticipatory bail may be granted to the petitioner. 8. In the event of his arrest, the petitioner shall be enlarged on bail on Page No.# 3/3 furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of learned Trial court. 9. In terms of the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant