Page No.# 1/3 GAHC010254992025 2026:GAU-AS:2599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2750/2025 BIJOY BISWAS ALIAS SRI BIJAY BISWAS AND 2 ORS. SON OF BARINDRA BISWAS, RESIDENT OF VILL- DIKHLEM, PSKHERONI, DIST- WEST KARBI ANGLONG ASSAM, PIN-782448. 2: DAYAMAY BISWAS ALIAS SRI DAYAMONI BISWAS SON OF BARINDRA BISWAS RESIDENT OF VILL- DIKHLEM PSKHERONI DIST- WEST KARBI ANGLONG ASSAM PIN-782448. 3: SRI AJAY BISWAS SON OF BARINDRA BISWAS RESIDENT OF VILL- DIKHLEM PSKHERONI DIST- WEST KARBI ANGLONG ASSAM PIN-782448 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:SRI SHYAMAL MALAKAR S/O- LATE ABONTI MALAKAR. RESIDENT OF VILL- DIKHLEM PSKHERONI DIST- WEST KARBI ANGLONG ASSAM PIN-782448 Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR A K AZAD Advocate for the Respondent : PP, ASSAM, MR. S S S RAHMAN,MR. S S A RAHMAN Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.02.2026 1. Heard Mr. G. Uddin, learned counsel for the petitioners as well as Mr. P.S Lahkar, learned Addl. P.P. appearing for the State respondent. 2. The petitioners, namely, Bijoy Biswas @ Sri Bijay Biswas, Dayamay Biswas @ Sri Dayamoni Biswas and Sri Ajay Biswas, have filed this application under Section 482 of BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Special POCSO Case No. 19/2025, arising out of Kheroni P.S Case No.26/2024, registered under Sections 365/34 IPC R/W Section 6/8/17 of POCSO Act. 3. The allegation against the petitioner no.1 is that he had kidnapped the minor victim “X” on a motor bike. He also committed the offence of sexual assault on the minor victim “X”. The other two petitioners i.e. petitioner no.2, Dayamay Biswas @ Sri Dayamoni Biswas and petitioner no.3, Sri Ajay Biswas, allegedly threatened the informant with dire consequences, if he reported the matter to the police. 4. I have considered the submissions at the Bar with circumspection. 5. The learned Additional Public Prosecutor has submitted that a charge- sheet has been laid against all the petitioners, which clearly reveals their complicity. It is also submitted that the petitioner no.1 has been directly implicated. 6. After considering the submissions at the Bar and after going through the scanned copies of the case diary, it appears that anticipatory bail may be Page No.# 3/3 granted to the petitioner nos.2 and 3. 7. Thereby, in the event of arrest, the petitioner no.2, Dayamay Biswas @ Sri Dayamoni Biswas and petitioner no.3, Sri Ajay Biswas shall be enlarged on bail of Rs. 50,000/- (Rupees fifty thousand) each with one surety each of the like amount subject to the satisfaction of the learned Special Judge (POCSO), West Karbi Anglong, Hamren with following condition that the petitioners shall not exercise threats to the victim and tamper the evidence. 8. The prayer for anticipatory bail by petitioner no.1 i.e. Bijoy Biswas @ Sri Bijay Biswas stands rejected at this stage. 9. Accordingly, the anticipatory bail petition stands disposed of. JUDGE Comparing Assistant