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2024 Supreme(Online)(GAU) 4435

HIGH COURT OF GAUHATI
HONOURABLE MRS. JUSTICE MALASRI NANDI
MONIRUL ISLAM – Appellant
Versus
THE STATE OF ASSAM AND – Respondent


ORDER

05.08.2024 Heard Mr. A. Dasgupta, learned counsel for the petitioner. Also heard Mr.

R. J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1 and Mr. N. Ali, learned counsel for the respondent No.2.

This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Monirul Islam, apprehending his arrest in connection with Manikpur P.S. Case No. 61/2024 registered u/s

448/363/376(3) of IPC r/w Section 6 of POCOS Act.

It is submitted by the learned counsel for the petitioner that the petitioner and the victim, aged about 16 years were in love and when the victim was forced to get married with someone else against her will by her family members, she went to the house of the petitioner. The parents of the petitioner convinced her to return back to their house with commitment to bring her as daughter-in-law when she would attend the age of majority. Thereafter, in a village meeting it was decided that the petitioner would marry the victim girl or he would pay a compensation of Rs.5,00,000/- to her family members. Out of this discord, the FIR has been lodged.

On the other hand, Mr. R. J. Baruah, l

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