Page No.# 1/2 GAHC010150082025 2025:GAU-AS:9082 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./803/2025 ABDUL HOQUE SON OF LATE KADDAS ALI R/O VILL- BOTOIYA, P.S. PATHERKANDI, DIST. SRIBHUMI, ASSAM, PIN- 788724. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:REJWANA BEGUM W/O NAZRUL ISLAM R/O VILL- BOTOIYA/CHOTOIYA PO- ERALIGOOL PS- PATHARKANDI DIST- SRIBHUMI (KARIMGANJ) ASSAM PIN-78872 Advocate for the Petitioner : MR. S C BISWAS, MS. R DEVI,B KALITA,MR A IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.07.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of GR Case No.389/2021, arising out of Ratabari P. Page No.# 2/2 S. Case No.52/2021, pending in the Court of learned Additional Chief Judicial Magistrate, Sribhumi. 3. The petitioner has been shown as an absconder in the Charge-Sheet. The documents available in the record shows that he has been suffering from Cancer. The petitioner submits that he apprehends that if he appears before the Trial Court, he will be remanded to custody. 4. Considering the submissions made by learned counsel for both the sides this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 5. Therefore, the present application is allowed. 6. The petitioner Abdul Hoque is directed to appear before the learned Additional Chief Judicial Magistrate, Sribhumi within next 15(fifteen) days from today, on his appearance, the petitioner, Abdul Hoque shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Sribhumi. 7. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant