Gauhati High Court
AB/2032/2026 of MOZIBAR RAHMAN Vs THE STATE OF ASSAM AND ANR on 27 August 2026
GAHC010184092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2032/2026 MOZIBAR RAHMAN S/O KACUYA SK. P/R JHAPUSABARI (PART-V) P.S. AGOMONI (PART-V) DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM
GAHC010184092026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2032/2026
MOZIBAR RAHMAN
S/O KACUYA SK.
P/R JHAPUSABARI (PART-V)
P.S. AGOMONI (PART-V)
DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:MAJANI KHATUN
D/O MOINUL HOQUE
R/O VILL- SUPARIKUTI
P.S. AGOMONI
DIST. DHUBRI
ASSAM
Advocate for the Petitioner : MRS. K DEVI, MS. K DAS
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
28.08.2026 Heard Ms. K. Devi, learned counsel appearing for the petitioner. Also heard Mr.
KK Parashar, learned Addl. Public Prosecutor for the State.
2. This is an application under section 482 of the code of Bharatiya Nagarik Suraksha Sanhita(BNSS) Act, 2023, for granting pre-arrest bail to the accused/petitioners, namely, Mozibar Rahman, in connection with Agomoni P.S Case No. 26/23 under section 376 IPC read with Section 9/10/11/prevention of child marriage Act r/w Section 4 and 17 POCSO Act
3. The learned counsel for the petitioner had drawn my attention to the FIR lodged on 02.02.2023 where an allegation had been made in the month of March 2022, the alleged victim whom the informant knew to be a school going student had been married to the petitioner herein. The learned counsel for the petitioner has thereafter drawn our attention to the seizure list where the Birth Certificate of the alleged victim has been shown to be seized and her date of birth has been shown to be 30.01.2004.
4. The learned counsel for the petitioner accordingly submits that there is every possibility even if a marriage has been placed between the present petitioner and the respondent No. 2 in this Bail petition in the month of March 2022, the alleged victim would have crossed the age of 18 years, and therefore she has prayed that since the respondent No. 2 is a leading conjugal life in accordance with law, the petitioner may be granted a privilege of pre-arrest bail in connection with the Trial which will now commence due to the submission of the Charge Sheet.
5. The learned Addl. Public Prosecutor has submitted that the issue as to whether the victim was minor at the time of marriage or not has to be proved in the Court of law and allowing the petitioner pre-arrest of bail at this stage may result in influencing respondent No. 2, the victim.
6. Having regard to the Date of Birth of the petitioner and the month of the alleged marriage, I am of the considered opinion that the petitioner can be granted a privilege of a pre-arrest bail in connection with the Trail which may commence pursuant to the charge sheet submitted in connection with Agomoni P.S Case No. 26/2026 before the Court of the Special Judge Dupri.
7. Accordingly, the petitioner in his appearance before the Special Judge Dhubri shall be released on bail on furnishing a bail bond of Rs. 10,000/- , with two local sureties of the like amount to the satisfaction of the learned Trial Court.
8. Anticipatory Bail petition accordingly disposed of. JUDGE Comparing Assistant