Gauhati High Court
AB/1736/2026 of MAJEDA KHATUN Vs THE STATE OF ASSAM AND ANR on 22 September 2026
GAHC010157362026 2026:GAU-AS:14147 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1736/2026 MAJEDA KHATUN W/O HAZRAT ALI,VILL. KHAKJANI,P.S. KHARUPETIA,DIST. DARRANG, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM
GAHC010157362026
2026:GAU-AS:14147
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1736/2026
MAJEDA KHATUN
W/O HAZRAT ALI,VILL. KHAKJANI,P.S. KHARUPETIA,DIST. DARRANG, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:JILLUL HOQUE
S/O ROIJUDDIN
VILL. KHAKJANI
P.S. KHARUPETIA
DIST. DARRANG
ASSAM.PH. 763888439
Advocate for the Petitioner : MR. M ALI, MR. J UDDIN
Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE, R2
B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
23.09.2026 Heard Mr. M Ali, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor for the State as well as the learned
Amicus Curiae.
2. This is an application under Section 482 of the BNSS, 2023, praying for the grant of pre-arrest bail to the accused petitioner, namely, Majeda Khatun, in connection with Kharupetia P.S. Case No. 57/2026, under Sections 351(2)/351(3)/65(1) of the BNS, 2023, read with Sections 6/17 of the POCSO Act, 2012.
3. As per the FIR, the petitioner used to induce the minor victim to go to the house where the husband/co-accused in the case repeatedly committed rape upon the victim.
4. The petitioner has already been charge-sheeted in the case, showing her as an accused.
5. A perusal of the statement of the victim recorded before the learned Magistrate does not support the allegations of rape as reflected in the FIR.
6. Having regard to the above, as well as the fact that the investigation has been completed, the prayer for pre-arrest bail is allowed and, in the event of her arrest, the petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount, subject to the satisfaction of the arresting authority, with the following conditions:
(i) The petitioner 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 such person from disclosing such facts to the Court or to the police.
7. The petition stands disposed of as allowed.
JUDGE Comparing Assistant