Gauhati High Court
Page No.# 1/2 vs The State Of Assam And Anr on 25 April, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/2
GAHC010078092025
2025:GAU-AS:5071
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/904/2025
MUKTADUL ISLAM @ MUKTARUL
S/OSAMSUL HAQUE @ KOBIRAJ
R/O MORITALI
P.O. AN DP.S.LAHORIGHAT
DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:MD. BULBUL ISLAM
S/O LATE ABBAS ALI
R/O LEGERIBORI
P.O. MOIRABARI
P.S. MOIRABARI
DIST. MORIGAON
ASSA
Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
25.04.2025 Heard Ms. D Dutta, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State.
Page No.# 2/2
2. Apprehending his arrest, the petitioner, namely, Md. Muktadul Islam @ Muktarul, son of Samsul Haque @ Kobiraj, resident of Moritali, P.S.-Lahorighat, District-Morigaon has filed this pre- arrest bail application under Section 482 BNSS seeking pre-arrest bail in Moirabari Police Station Case No. 13/2025 under Sections 140(3)/65(1)/3(5) of BNS read with Section 4 of the POCSO Act, corresponding to G.R. No. 104/2025.
3. Mr. B Sharma, learned APP, Assam placed the relevant case diary before the Court.
4. From the case diary, it is seen that the concerned Investigating Officer during investigation of the case, collected the Birth Certificate of the victim girl bearing Registration No. 913/2012 issued on 20.04.2018 by the Registrar of Births and Deaths, Moirabari CHC/FRU, Moirabari, Morigation indicating the date of birth of the victim girl as 13.04.2012.
5. Considering the same, it is seen that on the date of the incident on 18.12.2024, the victim girl was 12 years 8 months 5 days old.
6. Section 482(4) of the BNSS, 2023 stipulates that - Nothing in this Section shall apply to any case involving the arrest of any person on accusation of having committed an offence under Section 65 and Sub-Section (2) of Section 70 of the Bharatiya Nyaya Sanhita, 2023.
7. The case in hand is registered under Sections 140(3)/65(1)/3(5) of BNS read with Section 4 of the POCSO Act.
8. In view of the above, this pre-arrest bail application of the petitioner, Md. Muktadul Islam @ Muktarul, in said Moirabari Police Station Case No. 13/2025, being not maintainable, stands rejected.
9. Return the case diary.
JUDGE Comparing Assistant