Manabjyoti Bora vs The State Of Assam
2025 Latest Caselaw 2511 Gua

Gauhati High Court

Manabjyoti Bora vs The State Of Assam on 30 January, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010011022025




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

                                Case No. : Bail Appln./233/2025

            MANABJYOTI BORA
            S/O LATE RAJIB BORA
            R/O BAMUNIMAIDAM
            RAILWAY COLONY,
            P.S.CHANDMARI
            DIST.KAMRUP (M), ASSAM
            PIN-781021



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE LEARNED PP, ASSAM

            2:MADHUMITA DEKA
             D/O SRI GOKUL DEKA
            R/O HOUSE NO. 5
            SEUJ PATH
             BELTOLA

            P.S. BASISTHA

            DIST.KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. U B SARMA, MRS. G SARMA

Advocate for the Respondent : PP, ASSAM,
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                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

30.01.2025

Heard Mr. U.B. Sarma, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

This is an application under Section 483 of BNSS, 2023, seeking bail in connection with Chandmari P.S Case No.222/2024, under Section 81/351(2) of BNS Act R/W Section 6 and 17 of POCSO Act, 2012.

Call for case diary of Chandmari P.S Case No.222/2024 along with statement of the victim recorded under Section 183 of BNSS, 2023 and medical report, if any.

As Mr. K.K. Parasar, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice upon the 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.

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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 on 11.02.2025.

JUDGE

Comparing Assistant