Gauhati High Court
Moidul Hoque Sarkar vs The State Of Assam And Anr on 15 July, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010129822024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1700/2024
MOIDUL HOQUE SARKAR
S/O HAMID ALI SARKAR, VILL- BINYASARA PT.I, P.O.-BALADOBA, P.S.-
GOLOKGANJ, DIST- DHUBRI, ASSAM, PIN-783334
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SIRAJUL HOQUE (INFORMANT)
S/O LT. ABDUR RAHMAN
VILL- DURAHATI
P.O.-TISTARPAR
P.S. AND DIST- DHUBRI
ASSAM
78332
Advocate for the Petitioner : MR. P K ROYCHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 15.07.2024 Heard Mr. P.K.Roychoudhury, learned counsel for the petitioner. Also heard Mr. P.S.Lahkar, learned Addl. Public Prosecutor for the State/respondent.
Page No.# 2/2 By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Moidul Hoque Sarkar has prayed for granting pre-arrest bail, apprehending arrest in connection with Dhubri P.S. Case No. 133/2024 (GR Case No.421/2024) u/s 376 (3)/511/509 r/w Section 8 of the POCSO Act.
The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.
The petitioner shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court.
Call for case diary, medical report and statement of the victim under Section 164 of the CrPC.
List on 02.08.2024.
JUDGE Comparing Assistant