Riki Deka v. The State of Assam and Anr

ORDER Date : 22.07.2024 Heard Mr. A.Khanikar, learned counsel for the petitioner as well as Mr. B.Sharma, learned Addl. P.P., Assam for the State respondent No.1. Also heard Mr. B.Deuri, learned counsel for the respondent No. 3. This application under section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely Sri Riki Deka, who was arrested on 31.05.2024 in connection with Sonapur P.S. Case No. 105/ 2024 under Section 376 of the Indian Penal Code read with Section 6 of the POCSO Act. Case diary is received. The learned counsel for the petitioner submits that the FIR was lodged by one doctor stating that the victim is 16 years of age who is unmarried with six weeks of gestation. On the basis of the FIR, case was registered. It is further submitted that the petitioner had love affairs with the victim and as a result of their physical relationship, she became pregnant. It is also submitted that the petitioner has been languishing in judicial custody for the last 53 days and as such, considering length of detention, the petitioner may be enlarged on bail. The learned Addl.P.P. on the other hand has produced the case diary and submits that the victim who is a minor, had love affairs with the petitioner and due to physical relationship with the petitioner, she became pregnant. However, learned Addl.P.P. has made objection in granting bail to the petitioner. Mr. B.Deori, learned counsel for the respondent No. 3, mother of the victim submits that he has no objection if the petitioner is enlarged on bail. I have perused the case diary and statement of the victim girl recorded u/s 164 CrPC wherein she stated that she had love affairs with the petitioner and due to physical relation with the petitioner, she became pregnant. One medical report is available in the case diary which reveals that victim is carrying pregnancy. One Birth Certificate of the victim was seized during investigation which reveals that the date of birth of the victim is 21.08.2008. Case diary reveals that the incident occurred in the year 2024. It transpires that the age of the victim is around 16 years who is a minor girl. Hence, this court is not inclined to grant bail to Page No.# 3/3 the petitioner. Accordingly, the bail application stands rejected. Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010115072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1667/2024o RIKIoDEKAo S/OoRONJUoDEKAo@oPABINoDEKAo@oRANJOOoDEKA,o R/OoSONAPURoTEAoGARDENoQUARTER,o P.S.oSONAPUR,o DIST.oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPoP,oASSAM 2:DR.oRAJASHREEoSARMA o(GMCH) oVAAPVB/OBGV) oUNIT-V o P.O.oANDoP.S.oBHANGAGARH o DIST.oKAMRUPo(M) 3:MINAoMEDHI oW/OoLATEoSUSHILoMEDHIo R/OoSONAPUR oBALIoGATEo POo/oPSo-oSONAPUR o DISTo-oKAMRUPo(M) oASSAMo PINo-o78240o AdvocateoforotheoPetitionerooooo:oMRoAoKHANIKARo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI