SAYDUL KAZI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel of both sides.

(2.) The petitioners namely, Saydul Kazi, Abdul Rahim Kazi and Md. Raja Miah have resorted to the provision of Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) praying for pre-arrest bail in connection with R.K. Pur P.S. case No.66 of 2025 registered under Ss. 61(2)/64(2)(m)/127(3)/351(3) of BNS and Sec. 4 of the POCSO Act, 2012.

(3.) The gravamen of the FIR is that on 27/3/2025, the accused persons came to the house of the informant with a proposal for arranging marriage between petitioner No.1 and minor daughter of the informant (name withheld) and the informant agreed with such proposal on condition that such marriage would be solemnized after the bride attains the majority. Thereafter, on 3/4/2025 at around 04.00 pm, the petitioner Nos.1 and 2 came to the house of the informant with a request to take his daughter to their house to attend one social event. Victim accordingly went there. Now, it is the allegation that thereafter she was kept in the house of the petitioner Nos.1 and 2 for six days wherein she was raped by petitioner No.1 and both petitioner Nos.2 and 3 abated to the commission of said offence. Further allegation is that, thereafter the prosecutrix was recovered from that house but the accused persons gave threat to them that if the matter was informed to any other person, they would be killed. Further allegation as borne in the FIR is that about three months ago, said victim was handed over to Child Welfare Committee, Gomati with false allegation at the instance of these petitioners. However, later on, Child Welfare Committee handed over the custody of the victim to the informant.