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

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1675/2023 GHANAKANTA HALOI @ TIKU HALOI S/O MONURANJAN HALOI R/O KUSHSAL NAGAR, P.. BAMUNIMAIDAM, PS. CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:HEMANTA DAS R/O BHASKAR NAGAR NEAR OJA HEM CH. BARUAH SCHOOL HILL SIDE P.S. GEETANAGAR BAMUNIMAIDAM GUWAHATI-21 KAMRUP (M) ASSA Advocate for the Petitioner : MR P DAS Advocate for the Respondent : PP, ASSAM Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : 13.06.2023 ORDER Heard Mr. P Das, learned counsel for the petitioner. Also heard Mr. B.B.Gogoi, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Ghanakanta Haloi @ Tiku Haloi, has prayed for granting pre-arrest bail, apprehending arrest in connection with Geetanagar P.S. Case No. 77/2023 u/s 366 A of the IPC r/w Section 4 of POCSO Act. The case diary, as called for, is placed before this Court. I have perused the case diary along with the statement of the victim recorded under Section 164 of the CrPC. The victim has stated before the learned Magistrate that she is a student of HS 1st year and she had love affair with the petitioner. On 05.04.2023, she accompanied the petitioner to Nalbari and stayed in the house of sister of the petitioner as husband and wife. One Birth Certificate is available which reveals that the victim had born in the year 2006 whereas the incident occurred in the year 2023. It transpires that the victim was around 16 years of age at the time of the incident. She was minor at the time of the alleged incident. In view of above, the anticipatory bail application is rejected. Send back the case diary. JUDGE Comparing Assistant