Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 8562 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 22 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                            Page No.# 1/3

GAHC010242102024




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

                                  Case No. : AB/3059/2024

            NABAB ALI AND 2 ORS
            S/O AKBAR ALI
            R/O VILL- KATIMARI PATHAR
            P.S .NAGAON SADAR
            DIST. KAMRUP, ASSAM

            2: AKBAR ALI
             S/O LATE LAL MAMUD
            R/O VILL- KATIMARI PATHAR
            P.S .NAGAON SADAR
            DIST. KAMRUP
            ASSAM

            3: MANUWARA KHATUN
             W/O AKBAR ALI
            R/O VILL- KATIMARI PATHAR
            P.S .NAGAON SADAR
            DIST. KAMRUP
            ASSA

            VERSUS

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

            2:DIPU DAS
             S/O HEMAKANTA DAS
            R/O HUZRANGA GORAH
             P.S. SADAR
            DIST. NAGAON
            ASSA

Advocate for the Petitioner   : MR. P RAHMAN, MR S ISLAM
                                                                         Page No.# 2/3

Advocate for the Respondent : PP, ASSAM,




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 22.11.2024

Heard Mr.P.Rahman, learned counsel for the petitioners as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1.

This application under section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioners, namely, 1.Nabab Ali, 2. Akbar Ali and

3. Manuwara Khatun praying for pre-arrest bail apprehending arrest in connection with Special POCSO Case No. 287/2023 (Nagaon P.S. Case No. 98/ 2023) under Section 9 of the Prohibition of Child Marriage Act read with Section 6 of the POCSO Act pending in the Court of learned Special Judge (POCSO), Nagaon.

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.

Issue notice to the respondent No.2.

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 Page No.# 3/3

service of the petition/notice to this Court. Call for scanned copy of trial court records and scanned copy case diary. Registry to procure the records.

List after two weeks.

JUDGE

Comparing Assistant