Page No.# 1/4 GAHC010171772026 2026:GAU-AS:14583 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1913/2026 RUPJYOTI DAS S/O-MONI BHUSHON DAS RESIDENT OF VILLAGE-DHALCHERRA FV, BANGALPUR P.O.-BARTHAL DIST.- HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:XXXX XXXX TO BE REPRESENTED BY HER MOTHER / INFORMANT SMTI MALBIKA DAS D/O- LATE MONTU DAS R/O-VILLAGE PRATAP PUR DWARBOND P.O.-DWARBOND P.S.-DWARBOND DIST.-CACHAR ASSAM 788113 3:SMTI MALBIKA DAS W/O-LATE MONTU DAS R/O-VILLAGE PRATAP PUR DWARBOND P.O.-DWARBOND P.S.-DWARBOND DIST.-CACHAR ASSAM 78811 Advocate for the Petitioner : MR N A MAZARBHUIYA, MR. A K TARAFDAR Advocate for the Respondent : PP, ASSAM, MR Y. BARBHUIYA(R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 1. Heard Mr. N. A. Mazarbhuiya, the learned counsel appearing for the accused applicant. Also heard Ms. A. Begum, the learned Additional Public Prosecutor for the State respondent as well as Mr. Y. Barbhuiya, the learned counsel for the respondent No. 2, the informant. 2. This is an application under Section 482 of BNSS, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Dwarbond Police Station Case No. 21/2024, registered under Section 376 IPC, read with Section 6 of the POCSO Act, 2012, in connection with Dwarbond Police Station Case No. 21/2024, registered under Section 376 IPC, read with Section 6 of the POCSO Act, 2012. 3. An FIR was lodged on 25.07.2024 before the Officer-in-Charge, Bilaipur Police Station, by the informant, alleging that the accused- applicant, who is a relative of them, by making a false promise of marriage, had developed sexual relationship with her minor daughter and at the time of the filing of the FIR, her daughter was four months pregnant. 4. She came to know about the occurrence of rape only when her daughter informed her about the incident about 3-4 days back. Page No.# 3/4 5. Police on receipt of the FIR, registered Dwarbond Police Station Case No. 21/2024 under Section 376 IPC, read with Section 6 of the POCSO Act, 2012. 6. The learned counsel appearing for the accused-applicant submits that accused-applicant is a young boy of 20 years, and he had a relationship with the minor daughter of the informant, and they had physical relationship also. 7. He submits that he wanted to get married to her, and there was no false marriage as such. 8. Accordingly, the families of the accused-applicant as well as the informant had entered into an agreement to the effect that the accused-applicant will marry the victim girl once he attains majority. However, since the boy had not attained majority at that time, nothing could be done. 9. He submits that there is no ill motive on the part of the accused- applicant, and therefore, the accused-applicant should be protected by this Court. 10. The learned APP has opposed the prayer of bail of the accused- applicant. 11. The learned counsel appearing for respondent No. 2, informant, has submitted that though the agreement was signed between the parties, the accused-applicant has been absconding after signing of the agreement. Therefore, he opposes the prayer of the bail of the accused-applicant. Page No.# 4/4 12. This Court has heard the submissions made by the counsel appearing for the respective parties and has also perused the case diary, which has been made available to this Court. 13. Taking into account the entire facts of the case and materials available, and having found prima facie incriminating materials against the accused-applicant, this Court is not inclined to grant any relief to the accused-applicant at this stage. 14. Accordingly, the instant AB application is rejected. JUDGE Comparing Assistant