Abdul Mannan Sarkar vs The State Of Assam And Anr
2024 Latest Caselaw 5542 Gua

Gauhati High Court

Abdul Mannan Sarkar vs The State Of Assam And Anr on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/3

GAHC010153412024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./2276/2024

            ABDUL MANNAN SARKAR
            S/O ROBIAL ALOM, R/O VILL- KUMGURI, P.S.-GOSSAIGAON, DIST-
            KOKRAJHAR, BTR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:RASHID MANDAL
             S/O LATE PACHAILA MANDAL
             R/O VILL- KUMGURI
             P.O.-TULSHIBIL
             P.S.-GOSSAIGAON
             DIST- KOKRAJHAR
             BTR
            ASSAM
             PIN-78333

Advocate for the Petitioner   : MD. S ALOM, MR. M S ALAM

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 05.08.2024

Heard Mr. S.Alom, learned counsel for the petitioner as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1.

This application under section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioner, namely Abdul Mannan Sarkar praying for bail in connection with Special POCSO Case No. 106 /2024 (Gossaigaon P.S. Case No. 48/ 2024 under Section 376 (AB) of the IPC r/w Section 6 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 scanned copy of trial court records.

List after 02(two) weeks.

JUDGE Page No.# 3/3

Comparing Assistant