Page No.# 1/3 GAHC010077812026 2026:GAU-AS:8623 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/847/2026 SRI NITAI BISWAS S/O SHRI HARKANTA BISWAS, VILL- BADALGIRI, COOCH BEHAR P.O.- BAMUNHAT P.S.- DINHATA. DIST- COOCH BEHAR WEST BENGAL, PIN- 736176, VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BHAGABATI, MS. A GOSWAMI,MR. M P DAS,MS. B TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 16.06.2026 Heard Mr. M. Bhagabati, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. This is an application under Section 482 of the BNSS, 2023 for grant of pre- Page No.# 2/3 arrest bail to the accused/petitioner. The allegation is that the victim of the case is aged about 25 years working as a housemaid in the house of the informant, where the accused also used to reside occasionally. One night the accused, by taking advantage of electricity failure dragged the victim into the bathroom and committed forcible sexual intercourse with her. However, it was only 6 months thereafter when the victim complained of abdominal pain that she was medically examined whereupon it was discovered that she was pregnant and at the time, the victim revealed about the incident. The Case Diary as called for has been produced and the victim implicated the petitioner in her statement before the police as well as the Magistrate. The learned counsel for the petitioner submitted that the alleged victim who is a grown up person did not report the incident to her employer and it was only discovered when she was medically examined 6 months later which suggests that the alleged act, if at all, was a consensual one. It is clear from the medical findings that there are no signs which are suggestive of penetrative injuries to the vagina or of violence to the victim. The subsequent events are also to be taken note of which is that after the victim delivered a child, the child expired and subsequently, the victim has also expired after a long stay in the hospital. Although the Investigating Officer had Page No.# 3/3 collected the DNA from the fetus that was delivered by the victim, from which it may be possible to establish paternity and link the accused to the alleged act, in the absence of the victim, no evidence will be forthcoming on the aspect of forcible sexual intercourse. Having regard to the above, it appears that there arises no necessity of subjecting the petitioner to custodial interrogation, in the peculiar facts and circumstances of the present case, despite the seriousness of the allegation itself. Considering the above, the prayer for pre-arrest bail of the petitioner in the event of his arrest in connection with Dispur Case No. 356/2025, under Section 64(1) of BNS is allowed on furnishing of a bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Authority. It is further provided that the petitioner shall continue to co-operate with the investigation. Petition stands allowed as above. Send back the Case Diary. JUDGE Comparing Assistant