THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM :: BEFORE :: HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

O R D E R

03.06.2022 By filing this petition under Section 438 of the CrPC, the petitioner, Page No.# 2/2 namely- Monirul Islam @ Monirul Hoque has sought for pre-arrest bail, in the event of arrest, in connection with Bilasipara P.S. Case No.195/2016, registered under Section 376(D) of the IPC. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor, Assam representing the State. Perused the case diary as has been produced and also gone through the records. Victim herein is a deaf and dumb minor girl and according to the informant she was taken by the accused petitioner and other FIR named accused in a motorbike from the road of village Borgiarpar and forcefully committed rape upon her taking advantage of her mental disorder. It reveals that although the statement of the victim could not be recorded because of her mental captivity but there are sufficient incriminating materials against all the accused persons, named in the FIR, including the present petitioner, which indicates the complicity of all the accused persons as the nearby people witnesses the victim ran away in a naked condition from the house of the accused persons and they were also found inside the house, which indicative of complicity of the accused petitioner with the offence alleged. Considering the gravity of the offence and complicity of accused petitioner, this Court is of the opinion that it is not a fit case to grant the privilege of pre- arrest bail. Accordingly, same stands rejected. Return the case diary. Comparing Assistant JUDGE