Page No.# 1/3 GAHC010170292026 2026:GAU-AS:11482 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1878/2026 RAKIBUL ISLAM ALIAS MAHIBUL ISLAM ALIAS RAJU AHMED S/O NAZIM UDDIN VILLAGE KUMULLIPARA P.O. JOSHIHATI PARA, P.S. HOWLY, DISTRICT BARPETA ASSAM, PIN 781316 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD KHAJA MAIN UDDIN S/O ABDUL GAFUR VILLAGE KHANDAKAR PARA P.S. HOWLY DISTRICT BARPETA ASSAM PIN 78131 Advocate for the Petitioner : J S AHMED, A S KHAN,M W AHMED Advocate for the Respondent : PP, ASSAM, MR. KHAIRUL ISLAM(VICTIM) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13.08.2026 Heard Mr. J.S. Ahmed, learned counsel appearing for the accused-applicant. Page No.# 2/3 Also heard Mr. P.S. Lahkar, learned Addl. P.P., representing the State as well as Mr. K. Islam, learned counsel appearing for the victim. 2. This is an application filed under Section 482 of BNSS 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Howly P.S. Case No. 39/2026, registered under Section 137(2) of the BNS, 2023, read with Section 4 of POCSO Act. 3. An FIR was lodged on 11.04.2026 by the respondent No. 2 before the Howly Police Station alleging, inter alia, that the respondent No. 2’s daughter, namely ‘X’, aged about 17 years 10 months, was proposed by the accused-applicant on several occasions for a relationship and harassed her mentally; that when the informant’s daughter refused the proposal of the accused applicant, he started threatening her mentally and that on 26.03.2026 at about 3:30 PM, while his daughter was returning from shopping from Khandakarpara Market, on the advice of the father of the accused-applicant, the accused-applicant forcibly took her in a Maruti car and after reaching Howly town, put her into a bus and took her to Jorhat; that the accused-applicant took the informant’s daughter to a hotel in Jorhat and committed rape on her; that on the next day, i.e., on 28.03.2026, the accused-applicant put his daughter on a bus and sent her to Howly. 4. On receipt of the FIR, police registered Howly Police Station Case No. 39/2026, under the aforesaid sections. 5. The learned counsel appearing for the accused-applicant submits that the girl has resolved all her issues with the accused-applicant and his family. The learned counsel also submitted that both the boy and the girl have already applied for registration of their marriage before the Marriage Registrar, which was acknowledged by the authority by issuing a marriage application acknowledgment dated 04.08.2026. The learned counsel further submits that an agreement has also Page No.# 3/3 been entered into between the girl and the boy on 04.08.2026, whereby they have declared to be married to each other and the social marriage also happened on 03.08.2026. He submits that since the couple has been staying together as husband and wife, the accused-applicant should be granted bail. 6. Mr. Islam, learned counsel appearing for the victim, has also stated that they have got married socially and have applied for marriage under Special Marriage Act. 7. In that view of the aforesaid, considering the submission of the counsel appearing for the respective parties, this court is of the opinion that the accused- applicant should be allowed pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with Howly Police Station Case No. 39/2026, the accused-applicant shall be released on bail on furnishing of a bail bond of Rs. 30,000/- (Thirty Thousand) with one local surety of like amount to the satisfaction of the arresting authority, subject to the condition that the accused- applicant shall appear before the Investigating Officer within a period of seven (7) days and cooperate with the investigation. 8. With the above directions, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant