Hayton Khatun @ Haiton Khatun v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010041812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./596/2024o HAYTONoKHATUNo@oHAITONoKHATUNo W/OoMONOWARoHUSSAINo R/OoVIL-oKUTIRGHAT,oP.S.oMANKACHAR,oDIST.oSOUTHoSALMARAo MANKACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:ROFIQULoISLAM oS/OoABEDoALIo R/OoVILL-oMAISHALDANGA oP.O.oRADHAMADHABHAT oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM o PIN-78313o AdvocateoforotheoPetitionerooooo:oMRoZoHUSSAINo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

18.03.2024

Heard the learned counsel Mr. R. Islam appearing for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor representing the State of Assam.

¶2This is an application under Section 439 of the CrPC filed by the petitioner Hayton Khatun @ Haiton Khatun praying for releasing her on bail after she was arrested in connection with Mankachar P.S. Case No.24/2024, registered under Sections 376(2)(n)/376(3)/317 of the Indian Penal Code read with Section 6 of POCSO Act, 2012.

¶3A 16 year old girl gives birth to a female baby in a hospital. Before that, she was brought to the hospital by her aunt.

¶4After delivery, the baby was sold to the present petitioner for the purpose of adoption.

¶5The present petitioner did not have any child of her own. Therefore, she allegedly purchased the baby. The baby has been recovered.

¶6I have considered the submissions made by the learned counsel of both sides in the light of the materials available on record as well as the case diary.

¶7The petitioner has already spent 32 days in judicial custody. This Page No.# 3/3 Court is of the opinion she does not deserve to be detained in custody any further period of time. Accordingly, the bail application is allowed.

¶8The petitioner Hayton Khatun @ Haiton Khatun is allowed to go on bail in connection with Mankachar P.S. Case No.24/2024, registered under Sections 376(2)(n)/376(3)/317 of the Indian Penal Code read with Section 6 of POCSO Act, 2012 on furnishing bail bond of ₹25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, South Salmara, Mankachar, Assam. The bail application is disposed of. Case diary shall be returned.

JUDGE Comparing Assistant