Mehboob Ahmed @ Sunil vs The State Of Assam And Anr
2024 Latest Caselaw 5893 Gua

Gauhati High Court

Mehboob Ahmed @ Sunil vs The State Of Assam And Anr on 14 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                          Page No.# 1/2

GAHC010145122024




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

                               Case No. : Bail Appln./2121/2024

            MEHBOOB AHMED @ SUNIL
            S/O MOIJUDDIN AHMED, VILL- HOWLIGHAT, P.S.-MUKALMUA, DIST-
            NALBARI (ASSAM)



            VERSUS

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

            2:TARJAN KHATUN
            W/O ABDUL RASID ALI
             R/O OIL INDIA
             DHARMANAGAR
             P.S.-SATGAON
             DIST- KAMRUP (M)
            ASSAM
             PIN-78102

Advocate for the Petitioner   : MR. N J DUTTA, MR A ALAM,MR. A A MONDAL

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 14.08.2024

Heard Mr. A.Alam, learned counsel for the petitioner as well as Mr. R.J.Baruah, Page No.# 2/2

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 Mehboob Ahmed @ Sunil praying for bail in connection with Sessions (Spl) Case No. 173/2024 ( Satgaon PS Case No. 43/2024) under Section 376 IPC read with Section 4 of the POCSO Act.

Scanned copy of case records is received.

Issue notice to respondent No. 2.

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.

List after 02 (two) weeks.

JUDGE

Comparing Assistant