Dipak Mizar @ Deepak Mijar vs The State Of Assam
2024 Latest Caselaw 5779 Gua

Gauhati High Court

Dipak Mizar @ Deepak Mijar vs The State Of Assam on 12 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                          Page No.# 1/2

GAHC010129962024




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

                                    Case No. : AB/1707/2024

            DIPAK MIZAR @ DEEPAK MIJAR
            S/O CHANDRA BAHADUR MIZAR, R/O VILL- GAMGURI, P.O.-GAMERI, P.S.-
            HELEM, DIST- BISWANATH, ASSAM, PIN-784176



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:Deucharan Bakti
             S/O- Late Buddhu Bakti
             Resident of Village- Solagaon
             P.O- Bukajaan
             P.S.- Tezpur
             District- Sonitpur (Assam)
             Pin-78410

Advocate for the Petitioner   : MR. S C BISWAS, MS. U NANDA,MS A BORAH,MS. J
GHOSH,MS A DAS

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 12.08.2024

Heard Mr.S.C.Biswas, learned counsel for the petitioner as well as Mr. Page No.# 2/2

D.P.Goswami, learned Addl. P.P., Assam for the State respondent.

This application under section 438 CrPC has been filed by the petitioner, namely Dipak Mizar @ Deepak Mijar praying for pre-arrest bail apprehending arrest in connection with Tezpur P.S. Case No. 208/ 2019 under Sections 448/376/511 of the IPC 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 scanned copy of the trial court record.

List after 02(two) weeks.

JUDGE

Comparing Assistant