Junaidul Islam @ Junahid Alam vs The State Of Assam And Anr
2024 Latest Caselaw 4827 Gua

Gauhati High Court

Junaidul Islam @ Junahid Alam vs The State Of Assam And Anr on 15 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                             Page No.# 1/2

GAHC010130972024




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

                                   Case No. : AB/1727/2024

            JUNAIDUL ISLAM @ JUNAHID ALAM
            S/O ABDUL FATTAR @ ABDUL SARTTAR, R/O VILL- JURIPAR, P.S.-
            KACHUA, DIST-NAGAON, ASSAM, PIN- 782426



            VERSUS

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

            2:MONIGUNA KHATUN
            W/O RAFIKUL ISLAM
             R/O VILL- 2 NO. FAKALI
             P.S.-KACHUA
             DIST- NAGAON (ASSAM)
             PIN-78242

Advocate for the Petitioner   : MR. R C DAS

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 15.07.2024 Heard Mr. R.C.Das, learned counsel for the petitioner. Also heard Mr. P.S.Lahkar, learned Addl. Public Prosecutor for the State/respondent.

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By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Junaidul Islam @ Junahid Alam has prayed for granting pre- arrest bail, apprehending arrest in connection with Kachua P.S. Case No. 15/2024 u/s 376 r/w Section 4 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 case diary, medical report and statement of the victim under Section 164 of the CrPC.

List on 29.07.2024.

JUDGE

Comparing Assistant