Page No.# 1/3 GAHC010284802025 2026:GAU-AS:4125 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3031/2025 BINOD PATIR AND ANR S/O RAMAKANTA PATIR, R/O N.C. ALIMUR PATIR, P.S. DHAKUAKHANA, DIST. LAKHIMPUR, ASSAM, PIN 787055 2: BARNALI DOLEY W/O BINOD PATIR R/O N.C. ALIMUR PATIR P.S. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN 78705 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. U NANDA,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-03-2026 Heard Mr. S. C. Biswas, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Binod Patir and (ii) Barnali Doley in connection with North Lakhimpur P.S. Case No. 418/2025 registered under Sections 118(2)/109(1)/127(2)/137(2) of the BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Biswas, learned counsel that the petitioners are innocent and they have not committed any such offence, as alleged in the FIR. However, it is a fact that after committing rape on their minor daughter, there was a hue and cry and some general public assaulted the informant. That apart they have not committed any such offence and for rape of their minor daughter, they have already instituted a case which has been charge sheeted and the informant’s husband is still in jail. After obtaining the order of the interim pre- arrest bail, the petitioners, have already appeared before the I.O. and their statements have already been recorded and they extended their cooperation accordingly. 5. Mr. Sarma, learned APP submitted in this regard that after obtaining the order of interim pre-arrest bail, the petitioners have appeared and cooperated with the investigation of the case. However, the medical report reveals that the Page No.# 3/3 victim sustained injuries on his person and there is also allegation of kidnapping and assault against these two petitioners. 6. Hearing the submissions made by the learned counsel for both sides and considering the materials in the case diary and the conduct of the present petitioners, I find that custodial interrogation of the present petitioners may not be necessary at this stage for the purpose of investigation and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 7. In view of this, the interim bail granted to the present petitioners vide order dated 19.12.2025 is hereby made absolute on the same terms and conditions. 8. With the above observation and direction, this pre-arrest bail application stands disposed of. 9. Return the case diary herewith. JUDGE Comparing Assistant