Hafizur Rahman v. The State of Assam

ORDER Date : 21.10.2024

Heard Mr. A. Paramanik, learned counsel appearing for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioner, Hafizur Rahman, who was arrested in connection with Nagarbera P.S. Case No. 89/2024. Page No.# 2/2

¶3A 19 year old girl had lodged a complaint petition before the court of the learned Judicial Magistrate 1st Class, Boko alleging that she was in love with the present petitioner and on multiple occasions they had physical relationship. She further alleges that suddenly the petitioner started to avoid her and failed to show any intention to marry her.

¶4The complaint was forwarded to police and a case was registered accordingly.

¶5It is a settled position of law that a simple promise to marry without anything more does not constitute misconception of fact as defined in law. She is a major girl. She was a consenting party to the act of the present petitioner.

¶6For the aforesaid reasons, the bail application of the petitioner is allowed.

¶7The petitioner, Hafizur Rahman shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned JMFC, Boko.

¶8The bail application stands disposed of accordingly. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010218012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3194/2024 HAFIZUR RAHMAN S/O AKBAR ALI VILL- NO. 2 POLAHARTARI, GANDI NAGAR, P.S. NAGARBERA DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA