Gauhati High Court
AB/874/2026 of AZINUR ISLAM Vs THE STATE OF ASSAM AND 2 ORS on 24 June 2026
GAHC010081822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/874/2026 AZINUR ISLAM S/O ANOWAR HUSSAIN, R/O VILL. CHOTOGIRAIRPARA, P.O. BARKANDA, P.S. BILASIPARA, PIN 783348, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS
GAHC010081822026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/874/2026
AZINUR ISLAM
S/O ANOWAR HUSSAIN, R/O VILL. CHOTOGIRAIRPARA, P.O. BARKANDA, P.S. BILASIPARA, PIN 783348, DIST. DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE PP, ASSAM.
2:MD. SAFIQUL ALOM (COMPLAINANT)
S/O LATE ABDUL HUSSAIN
R/O VILL- WARD NO. 3 BILASIPARA
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
CONTACT NO. 60027968868
3:XXXXX (THE RESPONDENT NO. 3)
W/O AZINUR ISLAM
D/O KODOM ALI
R/O VILL- CHOTOGIRAIRPARA
P.O. BARKANDA
P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN-78334
Advocate for the Petitioner : MR. K LAHKAR, R BISWAS
Advocate for the Respondent : PP, ASSAM, MR. I AHMED(R3)
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
25.06.2026
1. Heard Mr. K. Laskar, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor.
2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Azinur Islam, has prayed for granting pre-arrest bail, apprehending arrest in connection with Bilasipara P.S. Case No. 25/2026, (GR No. 45/2026) registered under Section 6 of the Protection of Children from Sexual Offences Act read with Section 9 of the Prohibition of Child Marriage Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The complaint was lodged by respondent No.2 who is the Child Marriage Prohibition Officer for the concerned area alleging that the petitioner has contracted child marriage with the alleged victim/respondent No.3 who was aged 17 years and they have also have a child born on 22/02/2026 at Dhubri Medical College.
4. It is contended and submitted that the petitioner and the girl married after a long love affair but the marriage was solemnized on 17/03/2025 after she had attained majority.
5. Learned counsel for the informant submits that the petitioner was prosecuted on the basis of her age indicated in the Aadhar card and further contending that the age recorded therein suffers from error and at the time of the alleged incident she attain majority.
6. It is submitted that her actual date of birth is 05/02/2007 and in support of the same the learned counsel for the petitioner has drawn attention to a copy of a school leaving certificate as well as an affidavit purportedly sworn by the victim girl.
7. The petitioner was granted interim bail on 04.05.2026.
8. In that circumstances, I do not deem it necessary to cancel the interim bail. Accordingly, the same is hereby made absolute, subject to the condition that the petitioner shall co-operate with the process of law.
9. Accordingly, this anticipatory bail application stands allowed and disposed of.
10. Return the case diary.
JUDGE Comparing Assistant