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

Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 111.05.2023 ORDER Heard Mr. AZ Ahmed, learned counsel for the petitioners. Also heard Mr. B Sharma, learned Page No.# 2/2 Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioners, namely, 1 Motior Rahman and 2. Rumim Islam @ Roniz Golam have prayed for granting pre-arrest bail, apprehending arrest in connection with Mankachar PS Case No.43/2023 under Section u/ss 9/10/11 (1) of Prohibition of Child Marriage Act r/w 6/17 of POCSO Act. The FIR reveals the allegation of child marriage and marital sexual assault. Having heard the learned counsel for parties and on perusal of the FIR, documents annexed with the application, it is seen that at the time of marriage of the victim, she was 16 years of age. In the backdrop of facts and circumstances as emerged from the case, this Court finds it not expedient for custodial interrogation of the petitioners. In view of above, the prayer for anticipatory bail is hereby granted. It is provided that in the event of arrest of the petitioners, named above, they shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/- ( Thirty Thousand ) each with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions: (i) That the petitioners shall appear before the Investigating Officer within 7 days, failing which, on the 8th day, the anticipatory bail order shall automatically expire; and (ii) That the petitioners 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/her from disclosing such facts to the Court or to any police officer. This disposes of the anticipatory bail application. JUDGE Comparing Assistant