Page No.# 1/4 GAHC010170842026 2026:GAU-AS:11739 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1912/2026 SABBIR HUSSAIN ALIAS SABIR HUSSAIN S/O SAIDUL ISLAM REPRESENTED BY HIS FATHER SAIDUL ISLAM S/O LATE ADAM ALI R/O KASOKHAITY MAGURMARI, P.O. KAWAIMARI, P.S. RUPAHIHAT DISTRICT NAGAON, ASSAM, PIN 782140 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ATOR ALI S/O LATE JAHUR ALI VILLAGE KACHAKHAITY P.S. RUPAHIHAT DISTRICT NAGAON ASSAM PIN 78214 Advocate for the Petitioner : MR H R A CHOUDHURY, MS S S ZIA,MS T PARASHAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.08.2026 Heard Mr. HRA Choudhury, learned Senior counsel, assisted by Ms. S S Zia, Page No.# 2/4 learned counsel appearing for the petitioner. Also heard Mr. M.P Goswami,learned Addl. Public Prosecutor. The learned Senior counsel has drawn attention of this Court to the FIR lodged on 24.07.2026 by the father of a minor girl where allegation has been raised against the petitioner of having committed penetrative sexual assault on the minor victim. The learned Senior counsel has submitted that the petitioner herein is a minor represented by his father and the proof of the Date of Birth of the minor has been supplied to this Court by way of a Birth Certificate which shows the Date of Birth of the minor to be on 30.08.2010. The learned Senior counsel has submitted that this Court has settled the law, through order dated 29.07.2024, passed in AB No. 3286/2024, that a minor would also be entitled to apply for pre-arrest bail in case he or she apprehends arrest, except in cases where there is a specific bar imposed. The learned Senior counsel has therefore submitted that the petitioner may be granted a privilege of pre-arrest bail to enable him to appear before the Juvenile Justice Board in accordance with the provisions of Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015. The learned Addl. Public Prosecutor, Mr. M.P. Goswami has submitted that the Bail Petition of the petitioner is required to be adjudicated on the merits of Page No.# 3/4 the petition and an interim bail, at this stage would not be in consonance with law. I have considered the submissions made. The petitioner claims to be minor and has expressed the intention to appear before the Juvenile Justice Board which has the authority to decide the Juvenility of the petitioner and also issue appropriate order for the petitioner to be released on bail in case the petitioner is found to be a Juvenile and the requisite mandates of Section 12 of the Juvenile Justice Care Act, 2015 are fulfilled . In order to avoid any further delay in the investigation of the matter, I deemed it fit to direct the petitioner to appear before the Juvenile Justice Board on or before 07.09.2026 in connection with Rupahihat P.S. Case No. 229/2026, U/S-137(2)/64(1)/351(2) BNS r/w Sec 6 of POCSO Act with appropriate applications. The Juvenile Justice Board would be at liberty to pass such necessary orders as it would be required. It is provided that in the event, the petitioner is apprehended or arrested on or before 07.09.2026, he shall be released on bail on furnishing a bond of Rs. 5000/- with one surety of the like amount to the satisfaction of the arresting authority. Anticipatory Bail is accordingly disposed of . Page No.# 4/4 It is made clear that in the event of the failure of the petitioner to appear before the Juvenile Justice Board on or before 07.09.2026, this interim protection granted shall stand closed. JUDGE Comparing Assistant