Page No.# 1/4 GAHC010031722026 2026:GAU-AS:7338 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/396/2026 MAHIBUL HOQUE S/O MAZIBAR RAHMAN R/O VILL- PURABA LUWASUR P.O. MAZGAON, P.S. PATACHARKUCHI, DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RAHUL AMIN S/O NAYAN ALI R/O VILL- PURABA LUWASUR P.O. MAZGAON P.S. PATACHARKUCHI DIST. BAJALI ASSA Advocate for the Petitioner : MR. R ALI, MR. C SHARMA,MR. R GHOSH,MS T PARASHAR,S K PODDAR,N PERVIN,MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, Amicus Curiae (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.05.2026 1. Heard learned counsel Mr. S. K. Poddar and learned counsel Ms. T. Parashar for the petitioner. Also heard learned Additional Public Prosecutor Mr. K. K. Parashar for the respondent State and learned Amicus Curiae Mr. S. Nawaz for the respondent No. 2. 2. The petitioner Mahibul Hoque has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Patacharkuchi P.S. Case No. 174/2025 under Section 6 of the POCSO Act. 3. The allegation against the petitioner is that he was a tutor of the minor victim and he developed a love affair with the minor victim whom he used to induce with false promises and indecent proposals. On 08.08.2025, at about 9 p.m., the accused No. 2, Masooma Akhtar induced the minor victim and brought her to the room of the petitioner and locked the door from outside, and then, the petitioner forcefully committed sexual intercourse with the minor victim by gagging her mouth with a napkin. The same night, all the accused named in the FIR were informed about the incident but the accused threatened the victim and drove her out from the house uttering obscene words. 4. On 29.08.2025, the petitioner called the minor victim through mobile phone of the accused No. 2 named in the FIR and hurled abuses. The victim then made an attempt to commit suicide by consuming poison. The family members brought the victim to the FAAMCH and admitted her and Page No.# 3/4 she was discharged on 01.09.2025. 5. Thereafter, all the accused named in the FIR including the petitioner had been threatening the victim. There was a delay in the lodgment of the FIR due to the sequel of events as described in the foregoing discussions. 6. Both the learned Additional Public Prosecutor and the learned Amicus Curiae have raised serious objections. It is submitted that the victim was only 14 years old at the time of the incident. 7. Per contra, the learned counsel for the petitioner has submitted that the petitioner has recently joined the CRPF and he will be terminated from his service if he is forwarded to custody. It is further submitted that the family members of the victim and the victim has persistently pressurized the petitioner to marry the victim but the petitioner is unable to marry the victim against the law as the victim is a minor. It is also submitted on behalf of the petitioner that he has promised to marry the victim after she attains majority. 8. I have also scrutinized the Case Diary and as submitted by the learned Additional Public Prosecutor, there are indeed incriminating materials in the Case Diary against the petitioner. 9. The date of birth of the victim is 15.12.2011 which clearly reflects that the victim was 14 years 8 months old at the time of the incident. 10. The merits of the case are not brought to the fore as this case is under investigation. A co-accused was already arrested and forwarded to custody. Investigation has also progressed to a certain extent. The submission of the love relationship between the petitioner and the victim cannot be considered as the victim was a minor aged below 15 years according to the birth certificate. However, it appears that anticipatory bail may be granted Page No.# 4/4 to the petitioner under certain conditions. 11. Thereby, in the event of his arrest, the petitioner shall be enlarged on bail of Rs. 50,000 with a suitable surety of like amount to the satisfaction of the Arresting Authority under the conditions that:- (i) the petitioner shall appear before the I.O. within 10 (ten) days and co-operate with the investigation; (ii) the petitioner shall appear before the I.O. as and when called for and co-operate with the investigation; (iii) the petitioner shall also not exercise threats to the witnesses or tamper with the evidence; and (iv) the petitioner shall not influence the witnesses. 12. On breach of any of the bail conditions, the anticipatory bail granted to the petitioner shall automatically stand canceled. 13. In terms of the above observation, this anticipatory bail application stands disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant