Manahar Biswas Vs the State of Assam and Anr.

2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Manahar Biswas, who is apprehending his arrest in connection with Bhuragaon P.S. Case No. 86/2024 under Sections 140(3)/64 of BNS, 2023 read with Section 6 of POCSO Act, 2012.

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3. The gist of accusation in this case is that on 15.10.2024, the elder brother of the victim girl had lodged an FIR, before the Superintendent of Police, Morigaon, inter alia, alleging that the petitioner had kidnapped his younger sister and and took naked photographs of her and there is no allegation of physical relationship.

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4. The learned counsel for the petitioner has submitted that the petitioner was having love affair with the victim girl and on 06.10.2024 the victim girl on her own volition came to his house. On this the father of the present petitioner had lodged an information about the same before the Officerin-charge of Bhuragaon Police Station. He also submits that there was no physical relationship between the victim and the petitioner and he is ready to cooperate in the investigation.

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5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Bhuragaon P.S. Case No. 86/2024 and has opposed the granting of anticipatory bail to the present petitioner on the ground that though the medical report is silent about any physical intercourse with the victim girl, however, in her statement recorded under Section 183 of BNS, the victim girl has implicated that she had physical relationship with the petitioner.

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6. The learned Additional Public Prosecutor has fairly submitted that from the statement of the victim girl, it appears that there was a love affair between

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the victim and the petitioner, however, he also submits that the victim was minor on the date of alleged offence, hence, he opposes the grant of anticipatory bail to the present petitioner.

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7. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record including the case diary of Bhuragaon P.S. Case No. 86/2024.

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8. Though, there are incriminating materials against the present petitioner in this case as the victim girl has implicated the petitioner of having physical relationship with her in spite of her being minor, however, the materials on record also suggest that there was a love affair between the victim girl and the petitioner.

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9. It also appears on perusal of the case diary that the investigation has fairly progressed and statement of several witnesses are recorded, only the petitioner has not yet been interrogated.

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10. Considering the submissions made by the learned counsel for the parties as well as facts and circumstances of this case, this Court is of considered opinion that if the petitioners cooperate in the investigation and does not influence the victim or other witnesses, his custodial detention may not be necessary for sake of fair completion of the investigation of the above noted case.

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11. In view of above, the above named petitioner is directed to appear before the Investigating Officer of Bhuragaon P.S. Case No. 86/2024 within a period of 10 days from the date of this order and to cooperate in the investigation. If he does so, within the stipulated period of time, in the event of

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his arrest in connection with above noted case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:-

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(i) That the petitioner shall not directly and indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer;

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(ii) That the petitioner shall co-operate in the investigation;

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12. With above observation, this anticipatory bail application is disposed of.

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13. Send back the case diary.

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JUDGE

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Manahar Biswas v. the State of Assam and Anr.

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Manahar Biswas v. the State of Assam and Anr.

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