Dismissed¶¶23

Rafikul Hoque and Anr. v. the State of Assam and Anr.

Gauhati HC3 Feb 2025AB/2925/2024

Case brief

AI extract

What is this about?

Gauhati High Court anticipatory bail dismissed; AB/2925/2024; Section 482 BNSS 2023; Prohibition of Child Marriage Sections 9/10/11; Section 376 IPC; Sections 17/4 POCSO Act 2012; Dhubri Special Case No. 48/2024; Golakganj P.S. Case No. 86/2023; summons issued by Trial Court; apprehension of arrest held unfounded; direction to appear within seven days; regular bail left to Trial Court; Justice Mridul Kumar Kalita; order dated 04.02.2025.

What did the court decide?

Since the Trial Court has issued only summons to the petitioners, their apprehension of detention on appearance before the Trial Court is unfounded and is not a ground for granting anticipatory bail; the prayer for anticipatory bail is dismissed. ¶¶23

Rafikul Hoque and Anr. Vs the State of Assam… — Child Sexual Offences (POCSO) | Gauhati HC (2025)

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Page No.# 1/3

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GAHC010228732024

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

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Case No. : AB/2925/2024

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RAFIKUL HOQUE AND ANR S/O HABIBOR RAHMAN R/O VILL- JHAPUSABARI PART-V P.S. GOLAKGANJ DIST. DHUBRI, ASSAM

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2: HABIBOR RAHMAN ALIAS BERA SK S/O LATE AFSAR AHMED R/O VILL- JHAPUSABARI PART-V P.S. GOLAKGANJ DIST. DHUBRI ASSA

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VERSUS

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

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2:XXX D/O JOIBAR ALI VILL- KAIMARI PT.7

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P.S. GOLAKGAN

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Advocate for the Petitioner : MRS. K DEVI, N DEB,MR. J KALITA,MS S A KHALIFA

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 04.02.2025

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1. Heard Mr. J. Kalita, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

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2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namleyl, Rafikul Hoque 2. Habibor Rahman @ Bera Sk., who are apprehending their arrest in connection with Dhubri Special Case No. 48/2024 under Sections 9/10/11 of Prohibition of Child Marriage read with Section 376 of the Indian Penal Code and Section 17/4 of the POCSO Act, 2012.

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3. The learned counsel for the petitioners has submitted that on the basis of FIR lodged before the Officer-in-charge of Golakganj Police Station, on 02.02.2023, by one Pashar Uddin Sk, President/Secretary of Kalmari Pt-7, VDP under Golakganj Police Station, Golakganj P.S. Case No. 86/2023 was registered and investigation as initiated. Ultimately, on completion of investigation, charge-sheet was laid against the above named petitioners under above mentioned provisions of law.

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4. The learned counsel for the petitioners has submitted that the petitioners have received summons from the Trial Court in Dhubri Special Case No. 48/2024 fixing 21.08.2024 as the date of appearance, however, they could not appear before the Trial Court on

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the said date and now there is an apprehension of getting detained behind the bars in connection with the said case, if they appear before the Trial Court.

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5. On perusal of the records, it appears that the Trial Court has issued only summons to the petitioners, hence, the apprehension of getting detained on their appearance before the Trial Court appears to be unfounded and in the considered opinion of this Court may not be a ground for granting of anticipatory bail to the above named petitioners, the prayer for anticipatory bail is accordingly dismissed.

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6. However, as the petitioners are ready to face the trial, they are directed to appear before the Trial Court within seven days from the date of this order.

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7. On their appearance before the Trial Court in pursuant to this order, they may make prayer for regular bail before the Trial Court which shall be considered by the Trial Court as per law.

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8. With the above observations, this anticipatory bail is accordingly disposed of.

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JUDGE

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Comparing Assistant

Rafikul Hoque and Anr. v. the State of Assam and Anr.

Case brief

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Rafikul Hoque and Anr. v. the State of Assam and Anr.

Case brief

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What the court decided

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