Atabur Rahman vs The State Of Assam And Anr
2025 Latest Caselaw 2516 Gua

Gauhati High Court

Atabur Rahman vs The State Of Assam And Anr on 30 January, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                   Page No.# 1/3

GAHC010016712025




                                                            undefined

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

                                   Case No. : AB/174/2025

            ATABUR RAHMAN
            S/O LATE JONAB ALI
            R/O VILL-SAGUNBARI
            P.S. MOIRABARI
            DIST.MORIGAON, ASSAM
            PIN-782126



            VERSUS

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

            2:ADITH BORO
             S.I.
             S/O TRIBENDRA BORO
            PRESENTLY POSTEDAT TAMULPUR P.S.
             C/O OFFICER IN-CHARGE
            TAMULPUR POLICE STATION

            P.O. TAMULPUR
            DIST. TAMULPUR

            PIN-78136

Advocate for the Petitioner   : MR. M A SHEIKH,

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

                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

30.01.2025

Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

This is an application under Section 482 of BNSS, 2023, praying for granting pre-arrest bail, apprehending arrest in connection with Special POCSO Case No.179/2024 (Dhing P.S Case No.162/2024), under Section 61(2)/126(2)/137(2)/74/70(2)/78 of BNS Act R/W Section 6 of POCSO Act, pending in the Court of Special Judge (POCSO), Nagaon.

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. 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 Page No.# 3/3

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 the scanned copy of trial court record including the order of framing of charge and evidence of the witnesses recorded so far along with scanned copy of case diary.

The Registry is directed to procure the same.

List after 2 (two) weeks.

JUDGE

Comparing Assistant