Tahiran Nessa v. The State of Assam

ORDER Date : 21.10.2024

Heard Mr.S.A. Ahmed, learned counsel appearing for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 in respect of PRC Case No. 812/2024 pending in the court of the learned Chief Judicial Magistrate, Barpeta. Page No.# 2/2

¶3The petitioner aged about 65 years, is shown as an absconder in a charge sheet alleging that she had committed an offence u/s 306 of the Indian Penal Code. The petitioner apprehends that if she appears before the court of the learned Judicial Magistrate, she will be remanded to custody because the offence u/s 306 of the Indian Penal Code is a session's triable one. The petitioner submits that she is interested in facing the trial.

¶4I have considered the submissions made by the learned counsels of both sides.

¶5Since the petitioner wants to appear before the trial court, she deserves to be given an opportunity to face the trial. Therefore, her application is allowed.

¶6It is hereby directed that whenever the petitioner, Tahiran Nessa shall appear before the court of the learned CJM, Barpeta in connection with PRC Case No. 812/2024, she will be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta.

¶7With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010213082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2729/2024 TAHIRAN NESSA W/O SANOWAR DEWAN R/O VILL- JOSHIHATI GAON, P.S. BARPETA ROAD, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, A. KHANAM,C S KAMTHONG,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA