Page No.# 1/3 GAHC010003862026 2026:GAU-AS:2418 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2478/2025 HERAMBAR BORA S/O LT. RADHA KANTA BORAH R/O- PALASHANI GAON SHANTI PATH P.O- GOHAIN GAON DIST- SIVASAGAR ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR ASSAM 2:RODALI BORUAH D/O-PRAKASH JYOTI DAS R/O-JAIL ROAD DIBRUGARH PIN-786001. ------------ Advocate for : MR B P BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 Heard Mr. B. P. Borah, learned counsel for the accused-applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent as well as Mr. A. Phukan, learned Amicus Curiae appearing for the respondent no. 2. 2. This is an application filed under Section 482 BNSS, 2023, praying for granting pre-arrest bail to the accused applicant, namely, Herambar Bora, in connection with Dibrugarh P.S. Case No. 261/2025, registered under Section 351(2) of the BNS, 2023, read with Section 4 of the POCSO Act and read with Section 9 of Prohibition of Child Marriage Act, 2006. 3. An FIR was lodged on 06.08.2025, by the informant, alleging that the accused- applicant is the father of the boy who was accused of rape of the victim girl. It was alleged in the FIR that the accused-applicant, in a drunken condition, tried to sexually assault her. However, she escaped the assault. 4. On receipt of the FIR, the aforesaid Dibrugarh P.S. Case No. 261/2025, under the aforementioned Sections was registered. 5. The learned counsel for the accused-applicant submits that there is no allegation of any sexual assault but, there may have been some incident of drunken quarrel between the girl and the accused-applicant and since the accused-applicant is willing to cooperate with the investigation, the accused-applicant should be granted the privilege of pre-arrest bail at this stage. 6. Mr. Baruah, learned Addl. P.P., as well as the learned Amicus Curiae appearing for the respondents, opposes the prayer for pre-arrest bail at this stage. 7. After hearing the submissions made by the learned counsel appearing for the Page No.# 3/3 parties as well as considering the materials placed on record, this Court is of the considered opinion that the accused-applicant should be given the privilege of pre-arrest bail at this stage. 8. In view of the aforesaid, it is directed that in the event of arrest of the accused- applicant by the investigating authority in connection with Dibrugarh P.S. Case No. 261/2025, he shall be released on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with a surety of like nature to the satisfaction of the learned Addl. District & Session Judge-cum-Special Judge, POCSO, Dibrugarh, subject to the following conditions: - (1) That the accused-applicant shall appear before the learned Addl. District & Session Judge-cum-Special Judge, POCSO, Dibrugarh within a period of 10(ten) days of passing of this order; (2) The accused-applicant shall participate in the trial relating to the case and be present before the Trial Court as and when required; 9. In view of the aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant