Allowed

Moyna Miya Laskar @ Moyna Mia v. the State of Assam

Gauhati HC14 Nov 2022Bail Appln./2351/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner, Moyna Miya Laskar, accused of offences under the POCSO Act. The court considered the five-month detention and the fact that the victim now lives with the accused and has borne his child, and fixed the bail bond at Rs. 50,000.

What did the court decide?

Accused enlarged on bail by furnishing a bond of Rs. 50,000/- and one surety of like amount.

Moyna Miya Laskar @ Moyna Mia Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010189322022

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

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Case No. : Bail Appln./2351/2022

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MOYNA MIYA LASKAR @ MOYNA MIA SON OF LATE INTAJ ALI VILL- DHOLAI PART-III, P.O. DHOLAI MOLAI P.S. KATLICHERRA, DIST. HAILAKANDI, ASSAM

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VERSUS

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

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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14.11.2022

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Heard Mr. M.J. Quadir, learned counsel for the accused and Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.

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This application under Section 439 of the Code of Criminal Procedure,

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1973, is preferred by accused/applicant, namely, Moyna Miya Laskar @ Moyna Mia, who has been languishing in jail hazot in connection with the Special [POCSO] P.S. Case No. 31/2022 arising out of Ramnathpur PS case no. 180/2021, under Sections 457/365/34 of the IPC read with section 4 of POCSO Act, for granting bail.

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The said case was registered on the basis of an FIR lodged by one Kabir Uddin on 25.09.2021 to the effect that the accused along with 3 others kidnapped his daughter Smti X “name withheld” aged 14 years, in an Alto car. Thereafter the accused being Ramnathpur PS case no. 180/2021 has been registered and investigated upon. After completion of the investigation charge sheet is laid before the court of learned Special Judge, POCSO Act, Hailakandi to stand trial under sections 457/365/34 of IPC read with section 4 of the POCSO Act.

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Mr. Quadir submits that the accused is behind the bar for almost 5 months and that the victim and the accused had loved affair and presently the victim is living in the house of the accused and she has given birth of a child and the accused is ready to face the trial and therefore it is contended to allow the petition.

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Mr. Gogoi submits that at the relevant point of time as per birth certificate and medical report of the victim, her aged was 15 years. However, Mr. Gogoi submits that as per affidavit filed by the victim she is living in the house of the accused and she has given birth of his child.

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Having heard the submission of learned counsel for both the parties I have carefully gone through the petition and the documents placed on record and also perused the LCR received from the learned court below.

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It appears that the accused is charge sheeted under sections 457/365/34

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of IPC read with section 4 of the POCSO Act. Further it appears that the victim girl is living in the house of the accused and she has given birth of a child. And though the charge sheet has been submitted on 29.06.2022 till date charges have not been framed against the accused. It also appears that he was arrested on 23.06.2022 and since then he is behind the bar.

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Having regard to the period of detention as well as the materials available on record and also considering the fact that the victim is presently living in the house of the accused and she has given birth of his child, this Court is inclined to allow this petition.

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Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the learned Special Judge, POCSO Act, Hailakandi, the accused be enlarged on bail.

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In terms of above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Moyna Miya Laskar @ Moyna Mia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Moyna Miya Laskar @ Moyna Mia v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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