Mujahid Rahman vs The State Of Assam And Anr
2024 Latest Caselaw 4903 Gua

Gauhati High Court

Mujahid Rahman vs The State Of Assam And Anr on 17 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010138562024




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

                                Case No. : AB/1797/2024

           MUJAHID RAHMAN
           S/O MOJIBUR RAHMAN, VILL- ANANDAPUR, P.S.-URIAMGHAT, DIST-
           GOLAGHAT, ASSAM

           VERSUS

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

           2:OM BAHADUR PRADHAN
            S/O CHANDRA BAHADUR NEWAR
           VILL- SAMAGURI
            P.S.-URIAMGHAT
            DIST- GOLAGHAT
           ASSAM
            PIN-78560

Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

17.07.2024

Heard Mr. N. Uddin, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent No.1.

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This is an application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting pre-arrest bail to the accused petitioner.

Call for case diary of Barpathar PS Case No. 26/2024 along with medical report and statement of the victim recorded under Section 164 Cr.P.C.

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 the matter on 06.08.2024.

JUDGE

Comparing Assistant