Page No.# 1/3 GAHC010251032025 2026:GAU-AS:58 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3661/2025 MANASH PATAR SON OF LT BAIDYA PATAR, VILLAGE MANIPUR, P.S.MORIGAON, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ANIL BORDOLOI (INFORMANT) SON OF LT. LALISING BORDOLOI VILL-GAMARIGURI PS-MORIGAON DIST. MORIGAON ASSA Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.01.2026 1. Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor and Mr. B. Choudhury, learned Amicus Curiae for the respondent No. 2. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for granting of bail to Manash Patar, in connection with Mererchar POCSO Case No. 140/2025 (arising out of Morigaon P.S. Case No. 163/25 under Section 87/65(1) BNS, read with Section 4 (2) of POCSO Act. 3. The allegation as stated in the FIR is that the daughter of the informant aged about 15 years was missing from home since 4 pm on 17.06.2025 and accordingly, the aforesaid case was registered. Subsequently, after recovery of the victim and recording of her statement, Section 4 (2) of the POCSO Act was added. The charge-sheet has already been submitted and trial has also commenced and the evidence of the informant as well as the victim has also been recorded by the learned Trial Court. 4. The victim in her statement has alleged that she had spent the night with the accused person in the house of his paternal uncle where the accused had sexual intercourse with her. 5. As per the Birth Certificate, the age of the victim is above 15 years and as per the medical report, her age is above 16 years. It also appears that the Page No.# 3/3 victim was in love affair with the accused and there was no element of force in the commission of sexual intercourse. 6. Having regard to the above as well as the fact that the vital witnesses have already been examined by the learned Trial Court and having regard to the period of detention of about 6 (six) months, the prayer for bail is allowed. 7. The petitioner abovenamed shall be released on bail of Rs. 50,000/- with two local sureties of like amount to the satisfaction of the learned Trial Court in connection with the aforesaid case. 8. It is further provided that the petitioner shall regularly participate in the Trial and shall not try to influence the remaining witnesses. 9. Bail Application stands disposed of accordingly. JUDGE Comparing Assistant