Pabon Baruah vs The State Of Assam And Anr
2024 Latest Caselaw 5784 Gua

Gauhati High Court

Pabon Baruah vs The State Of Assam And Anr on 12 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                  Page No.# 1/2

GAHC010158212024




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

                               Case No. : Bail Appln./2356/2024

            PABON BARUAH
            S/O SRI MRIDUL BARUAH, R/O NARAYANPUR GAON, P.O.-OUGURI
            DANGDHARA, P.S.-DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM



            VERSUS

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

            2:PRADIP SONOWAL
             S/O LT. PUHEN SONOWAL
             R/O KEKURI KACHARI GAON
             P.O.-KEKURI
             P.S.-DHAKUAKHANA
             DIST- LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR. P J SAIKIA, MS D DUTTA

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 12.08.2024

Heard Ms. D.Dutta, 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 439 CrPC has been filed by the petitioner, namely Pabon Baruah praying for pre-arrest bail apprehending arrest in connection with Dhakuakhana P.S. Case No. 31/ 2024 ( Special POCSO Case No. 66/2024) under Sections 498A/304B of the IPC r/w Section 9 of PCM Act 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 the trial court record. Registry to procure the records.

List after 02(two) weeks.

JUDGE

Comparing Assistant