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Tripura High Court
Manir Hossain Alias Mamin Hossain vs The State Of Tripura Represented By The ... on 16 December, 2025
-1-
HIGH COURT OF TRIPURA
AGARTALA
AB No. 84 of 2025
Manir Hossain alias Mamin Hossain, S/o Abul Mia @ Abul
Hashem, R/o NC Nagar Near Keraliamura Mouque P.O and P.S:
Sonamura, Dist: Sepahijala, Tripura.
....Applicant(s)
Versus
The State of Tripura represented by the PP, High Court of
Tripura.
....Respondent(s)
For Applicant(s) : Mr. Subrata Sarkar, Sr. Advocate.
Mr. D.Roy, Advocate.
For Respondent(s) : Mr. R.Saha, Addl.PP.
Date of hearing & : 16.12.2025
Delivery of Judgment /
Order
Whether fit for reporting:
Yes No
=B=E=F=O=R=E=
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
Judgment and Order(Oral)
Heard Ld. Counsel of both sides.
[2] The application under Section 482 of Bharatiya
Nagarik Suraksha Sanhita,2023 ('BNSS'- for short) has been
filed by the present accused Manir Hossain alias Mamin
Hossain praying for pre arrest bail in connection with West
Agartala Women P.S. Case No. 2025 WAW 37 registered
under Sections 137/ 281/125/127(3)/65/75(1)(i)/143/3(5) of
Bharatiya Nyaya Sanhita, 2023 ('BNS'-for short) and Section
9 of the Prohibition of Child Marriage Act, 2006 and Section 4
of POCSO Act, 2012.
[3] The allegations in the FIR lodged by the father
(informant) of the victim in brief are that on 15.07.2025 at
about 1.30 AM he could notice that his minor daughter was
missing and after verifying the CCTV footage, he came to
know that his daughter was taken away by the present
accused Manir Hossain and his friend Palash Sarkar in a white
color 'Bolero' from the front of their house. Thereafter, he
met with the family members of the accused persons, but,
they denied to reveal anything. On 16.07.2025, he learnt
from the social media platform that said vehicle by which his
daughter was kidnapped had met an accident at Bishalgarh
bypass and his daughter was also injured there.
[4] On 17.07.2025, he also noticed in such social
media platform that the marriage of his minor daughter was
being celebrated along with the accused Manir Hosssain. He
also further came to know that she was raped by him and
even she was taken to Bangladesh without his permission.
[5] During hearing, Ld. Sr. Counsel, Mr. Subrata
Sarkar assisted by Mr. D. Roy, Advocate for the applicant,
submits that the accused was falsely implicated in this case,
and though, out love affairs both the victim and the accused
had attempted to flee away, but meanwhile, they met with
an accident and thereafter, the prime accused had left the
victim to her aunt's house and therefore he had no criminal
'mens rea' for any sort of kidnapping and no other offence
was also committed by him.
[6] Ld. Sr. Counsel on that ground has sought for pre
arrest bail of the accused submitting that the accused has
been falsely implicated in this case.
[7] Ld. Addl. PP, Mr. R. Saha has brought to the
notice of the Court of the statements of both the victim and
her father (informant) and also the statement recorded under
Section 183 of the BNSS by the Magistrate and submits that
both the victim and the informant did not support the said
allegations borne in the FIR and according to them due to
misunderstanding, the FIR was lodged.
[8] In view of above materials in the CD, Ld. Addl. PP
does not oppose the prayer of pre-arrest bail of the present
accused.
[9] Considered the submissions and also perused the
Case Diary.
[10] From the statements of the victim recorded both
by the Investigating Officer and the Ld. Magistrate, no such
allegations, as borne in the FIR, is found to have been
supported by her. The informant has also deviated in his
statement before the I.O. from what he had mentioned in the
FIR.
[11] Considering all these aspects, the bail prayer is
allowed.
[12] It is ordered that in the event of arrest in
connection with case No. West Agartala Women P.S. Case
No. 2025 WAW 37, the accused applicant Manir Hossain shall
be released on bail on furnishing a bond of Rs. 30,000/- with
one surety of like amount to the satisfaction of the IO on
conditions that:
i) as and when required, he will appear before the IO to face
interrogation;
ii) he will not try to influence or terrorize any of the
witnesses of the case so as to dissuade him or them from
divulging the truth before the Investigating Officer or before
the Court;
iii) he will regularly appear before the Court to face trial;
[13] CD be returned to Ld. Addl. PP with copy of this
order.
The application is accordingly disposed of.
JUDGE
Saikat Sarma
RUDRADEE RUDRADEEP
BANERJEE
P BANERJEE Date: 2025.12.16 18:23:46
+05'30'
