Aklima Khatun v. The State of Assam

ORDER

12.03.2024 Heard Mr. S. Das, learned counsel for the applicant and also heard Mr. R.J. Baruah, Page No.# 2/2 learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Abhayapuri P.S. Case No.512/2023, under Section 376 IPC, read with Section 4 of the POCSO Act, this application under Section 438 Cr.P.C. is preferred by applicant, namely, Aklima Khatun, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Hasina Khatun, on 20.11.2023. The essence of allegation made in the aforesaid FIR is that about a year back, one Hafizur Rahman had kidnapped his minor daughter, namley, Smt. X (name withheld), aged 16 years 3 months and taken her to the house of Aklima Khatun and there he committed sexual intercourse against her will and as a result of which her daughter has been carrying pregnancy of 7 months and since then Hafizur Rahman has been absconding.

¶4Mr. Baruah, learned Additional P.P. submits that he has not received the case diary and as per his instruction the I.O. has completed investigation and thereafter, submitted charge-sheet, being Charge-Sheet No.43/2024, dated 26.02.2024.

¶5In view of the submission of learned Additional P.P., this Court is inclined to dispose of this application by directing the applicant to appear before the learned Court below on or before 08.04.2024 and to apply for regular bail and in the event of filing such an application, the learned Court below shall consider the same in accordance with law. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/2 GAHC010285752023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4246/2023 AKLIMA KHATUN W/O ABDUL HAMID PERMANENT RESIDET OF VILL- NAMBERPAA PART-I, P.O. NAMBERPARA, UNDER ABHAYAPURI POLICE STATION, IN THE DISTRICT OF BONGAIGAON, ASSAM, AND PRESENTLY RESIDING AT HATIGAON CHARIALI, NEAR MASZID, GUWAHATI-781038, UNDER HATIGAON POLICE STATION, IN THE DISTRICT OF KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:HASNA KHATUN W/O LT AYNAL HOQUE R/O - SOULMARI PS – ABHAYAPURI, DIST - BONGAIGAON ASSA Advocate for the Petitioner : MD A RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN