Anisur Rahman v. The State of Assam and Anr

ORDER Date : 19-10-2023

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Heard Mr. A.K. Azad, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State.

¶2This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Anisur Rahman, in connection with Jogighopa PS Case No. 255/2023 under Section 6/17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 R/W Section 9/10/11 of the Child Marriage Prohibition Act, 2006.

¶3The learned counsel for the accused/petitioner submits that the petitioner has love affairs with the victim girl and accordingly, the girl has been eloped with the petitioner. Thereafter marriage between them was also solemnized and the victim girl is carrying 7 months pregnancy. No allegation has been made against the petitioner by the victim girl or her family member that the petitioner had committed any offence which may come under the POCSO Act.

¶4The petitioner was arrested by police on 03.10.2023.

¶5The learned Addl. P.P. has opposed in granting bail to the petitioner by stating that the victim girl was minor when the incident occurred, so bail may not be granted at this stage.

¶6I have considered the submissions made by the learned counsel for Page No.# 3/4 the parties. I have also perused the case diary including the statement of the victim girl recorded under Section 164 of the Cr.P.C. where the victim stated that she has been eloped with the petitioner and they had love affairs for the last one year. Thereafter they solemnized marriage in presence of Kazi and started living in rented house. Now she has carrying 7 months pregnancy. After staying about 6 months, she returned back to her parents' house.

¶7From the statement of the victim girl, there is no allegation against the petitioner that he committed any such offence which false under the provision of POCSO Act.

¶8In view of the above, this Court is of the view that the petitioner may be enlarged on bail.

¶9Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Jogighopa PS Case No. 255/2023 under Section 6/17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 R/W Section 9/10/11 of the Child Marriage Prohibition Act, 2006, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned Special Judge, North Salmara, Abhayapuri, Assam.

¶10The direction for bail is further subject to the following condition that the accused-petitioner: Page No.# 4/4

(a) shall not leave the territorial jurisdiction of learned Special Judge, North Salmara, Abhayapuri, Assam, without prior written permission from him/her.

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

¶11In terms of the above, this bail application stands disposed of.

¶12Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010235652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3739/2023 ANISUR RAHMAN S/O- ABDUL HOQUE, VILL.- BHARAL KUNDI PT-8, P.S. JOGIGHOPA, DIST. BONGAIGAON, ASSAM, PIN- 783389. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:SURESH KUMAR SARMAH S/O- LATE SOHAN LAL SARMAH SECRETARY- CUM- CHILD PROTECTION OFFICER KABAITARY PANCHAYAT P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN- 783384 Advocate for the Petitioner : MR A K AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI