Bipul Baruah vs The State Of Assam And Anr
2024 Latest Caselaw 6373 Gua

Gauhati High Court

Bipul Baruah vs The State Of Assam And Anr on 30 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                          Page No.# 1/3

GAHC010172422024




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

                               Case No. : Bail Appln./2536/2024

            BIPUL BARUAH
            S/O MANTU BARUAH
            R/O VILL/TOWN- PALAHGURI
            P.S. MIKIRBHETA
            DIST. MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP BY THE PP, ASSAM

            2:SMTI. MUMU BORA (INFORMANT)
             W/O SRI PRABIN BORA
            R/O VILL /TOWN SUNARIGURI
            P.S. MIKIRBHETA
            DIST. MORIGAON
            ASSA

Advocate for the Petitioner   : MS. S K NARGIS, MR F H LASKAR (2),MS N SULTANA,MS S
BEGUM

Advocate for the Respondent : PP, ASSAM,
                                                                         Page No.# 2/3


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 30.08.2024

Heard Ms. N.Sultana, 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 Bipul Baruah praying for bail in connection with POCSO Case No. 10/2024 ( Mikirbhata P.S. Case No. 244/ 2023 under Section 366/376(3) read with Section 4 (2) of the POCSO Act.

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 03(three) weeks.

JUDGE Page No.# 3/3

Comparing Assistant