Page No.# 1/4 GAHC010177542026 2026:GAU-AS:12015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1949/2026 RABIYA KHATUN W/O MIYAR ALI, RO VILL BARUA PATHER, PO BARUA PATHER, PS BOKO, DIST KAMRUP, ASSAM, PIN 781136 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : R AMIN, S K RAHMATULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 21-08-2026 Heard Mr. R. Amin, the learned counsel appearing for the accused- applicant. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor for the respondent State. Page No.# 2/4 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting transit pre-arrest bail to the accused- applicant in connection with Bidhannagar Cyber Crime Police Station Case No. 60/2026, registered under Sections 111(4)/111(6)/316(1)/318(4)/319(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The learned counsel appearing for the accused-applicant submits that the accused-applicant has been issued a notice on 01.08.2026, by the Investigating Officer, Cyber Crime Police Station, Bidhannagar Police Commissionerate, Kolkata, West Bengal, under Section 35(3) of the BNSS, and directed her to appear within two weeks in relation to Bidhannagar Cyber Crime Police Station Case No. 60/2026 dated 13.04.2026 under the aforementioned Sections. 4. The learned counsel for the accused-applicant submits that the accused- applicant is a lady of 53 (fifty three) years old and she is an Anganwadi worker and she is nowhere connected to any cyber crime, as alleged in the aforesaid notice issued to her. He further submits that though she is not involved in the aforesaid case, since she has been issued a notice, she is willing to cooperate with the investigation and appear before the concerned Police Officer of Bidhannagar Police Commissionerate. He submits that the accused-applicant received the notice belatedly and she, could not appear within two weeks from the date i.e. 01.08.2026. He submits that the accused-applicant has apprehension that if she appears before the Bidhannagar Police Commissionerate in connection with the aforesaid case, she may be arrested and accordingly, the instant pre-arrest transit bail application has been filed, seeking transit pre-arrest bail till the accused-applicant appears before the Page No.# 3/4 Bidhannagar Police Commissioner in West Bengal or seeks any pre-arrest bail or regular bail from the Jurisdictional Court. 5. Mr. K. Baishya, the learned Additional Public Prosecutor, on the other hand, submits that limited relief can be granted to the accused-applicant, so that the accused-applicant can approach the appropriate Jurisdictional Court. 6. The Hon’ble Supreme Court in the case of Priya Indoria Vs. State of Karnataka and Ors reported in (2024) 4 SCC 749, at paragraph 96, observed as follows :- “If a person commits an offence in one State and the FIR is lodged within the jurisdiction where the offence was committed but the accused resides in another State he can approach the Court in the other State and seek transit anticipatory bail of limited duration” 7. In consideration of the submissions made by the learned counsel appearing for the respective parties and also taking into account the principle laid down in the case of Priya Indoria (supra), this Court is of the considered opinion that the accused-applicant can be granted interim transit anticipatory bail for 15 (fifteen) days from the date of passing of the order, to approach the Jurisdictional Court for appropriate relief, if so advised. 8. Accordingly, it is directed that in the event of arrest of the the accused- applicant by the Investigating Authority in connection with Bidhannagar Cyber Crime Police Station Case No. 60/2026, she shall be released on transit pre- Page No.# 4/4 arrest bail on furnishing of a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like nature to the satisfaction of the arresting authority subject to the following conditions:- (i) The accused-applicant shall approach the Jurisdictional Court for appropriate relief within a period of 15 (seven) days from today, if so advised. (ii) The accused-applicant shall cooperate with the investigation and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid case. (iii) The accused-applicant shall not tamper and hamper with the investigation by influencing any witnesses in whatsoever manner. 9. In terms of the aforesaid, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant