Page No.# 1/3 GAHC010100302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1599/2025 BIRENDRA NATH SAIKIA @ BIREN SAIKIA S/O- LATE LILARAM SAIKIA. R/O- AUNIATI SATRA, P.S.- MAJULI. DIST.- MAJULI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:PURNIMA BORAH W/O- LATE JITEN BORAH R/O- AMRITPUR DERGAON P.S.- DERGAON. DIST.- GOLAGHAT ASSA Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, (AMICUS CURIAE, R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.06.2025 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam and Mr. Surajit Das, learned Additional Public Prosecutor, Assam. This application has been filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Sri Birendra Nath Saikia @ Biren Saikia, for grant of bail in connection with Special (POCSO) Case No. 08/2025 pending in the court of the learned Special Judge (POCSO), Majuli arising out of Majuli P.S. Case No. 07/2025. The parents of a girl, who was suffering from certain psychiatric ailment, took her to Auniati Satra at Majuli for spiritual treatment. The present petitioner belongs to Auniati Satra at Majuli. He started some spiritual treatment upon the girl and on one occasion in course of said treatment water was pouring over the head of the girl and the water was read towards the legs of the girl. In that way, the petitioner had to touch the body of the girl. On the other hand, the girl felt that the petitioner had sexually abuse her by touching her private parts. Mr. Sharma has submitted that the petitioner is a 65 years old person representing a Satra and considering his social status in public, this matter should be dealt with in an utmost caution. Further, Mr. Sharma has submitted that charges are not yet framed and, therefore, the trial court should be given the opportunity to frame the charges. On the other hand, Mr. Biswas has submitted that the petitioner has already spend 79 days in judicial custody. The petitioner would not have any opportunity to contact the victim girl because the girl belongs to the district of Golaghat which is a distance place from Majuli. I have considered the submissions made by the learned counsel for both the sides. Page No.# 3/3 Considering entire aspect of the matter, the petitioner does not deserve to be detained in custody for further period of time. Hence, the present bail application is allowed. It is hereby directed that the petitioner Sri Birendra Nath Saikia @ Biren Saikia, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Majuli, who is in custody in connection with Special (POCSO) Case No. 08/2025 pending in the court of the learned Special Judge (POCSO), Majuli arising out of Majuli P.S. Case No. 07/2025. Petitioner is directed to appear before the trial court on each and every date and if he fails without showing any suitable reason, the trial court shall have the liberty to procure his attendance by following due process of law. With the above, the bail application is disposed of. JUDGE Comparing Assistant