The Gauhati High Court granted bail to the petitioner, married to the victim, in a POCSO case under Sections 363/365 IPC read with Section 6 POCSO Act, citing lack of sexual allegations against him and victim’s majority.
Petitioner enlarged on bail by furnishing a bond of Rs.50,000 with surety to trial court satisfaction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010138312024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2019/2024
BIJU SARKAR @ BIJU DAS S/O MEGHNATH SARKAR,
PERMANENT RESIDENT OF VILL.- KAWATIKA, P.O.- KAWATIKA, P.S.- BIJNI, DIST.- CHIRANG, BTR, STATE- ASSAM, PIN- 783390.
VERSUS
THE STATE OF ASSAM AND ANR. TO BE REP. BY THE P.P.
2:NARAYAN SARKAR S/O LATE NIREN SARKAR
PERMANENT RESIDENT OF VILL.- KUSLAUIGURI P.O.- PATILADAHA P.S.- MANIKPUR DIST.- BONGAIGAON STATE- ASSAM PIN- 783391
Advocate for the Petitioner : MR. J ABBAS, MR P H KONWAR,MR. D GOGOI
Advocate for the Respondent : PP, ASSAM, MR S A BARBHUYAN
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 16-08-2024
Heard Mr. J. Abbas, learned counsel for the petitioner, who has filed this
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application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 27.04.2024 in connection with Special (P) Case No. 58(M)/2024 arising out of Manikpur Police Station Case No. 20/2023 registered under Sections 363/365 of the Indian Penal Code, 1860 read with added Section 6 of the POCSO Act.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the petitioner who is married to the victim in a POCSO case.
Whether the victim having attained majority affects the bail application.
4 provisions across 4 enactments
BIJU SARKAR @ BIJU DAS
THE STATE OF ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
