Page No.# 1/6 GAHC010255182024 2025:GAU-AS:6461 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3687/2024 BIBEK SUTRADHAR S/O LATE MADAN SUTRADHAR R/O NAHARANI GAON P.S. SARUPATHAR DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT UMA PAUL W/O SRI SHANKAR PAUL R/O KHANIKAR GAON P.S. SARUPATHAR DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,MR. J N SUWAI,B ALI SK Advocate for the Respondent : PP, ASSAM, MS. ROUSHANARA CHOUDHURY (Amicus Curiae, R-2) BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 22.05.2025 Heard Mr. K Thakur, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. Also heard Ms. Roushanara Choudhury, Page No.# 2/6 learned Amicus Curiae appearing on behalf of the respondent No.2/informant of the case. 2. The petitioner, namely, Bibek Sutradhar, son of late Madan Sutradhar, resident of Naharani Gaon, Police Station-Sarupathar, District-Golaghat has filed this application under Section 483 BNSS, 2023 on 28.11.2024 praying for his bail in Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar Police Station Case No. 21/2024, corresponding to GR No. 120/2024, in which he is an accused under Section 376(2)(n) IPC read with Section 6 of the POCSO Act, where charge has been framed against him on 29.10.2024. 3. Petitioner submitted that considering his detention in custody since 14.08.2024, he should be released on bail in said Sessions Special (POCSO) Case No. 85/2024 arising out of Sarupathar P.S. Case No. 21/2024. 4. By filing an additional affidavit on 30.04.2025, the petitioner contended that at the time of his arrest on 13.08.2024 he was not informed about the grounds/reasons for his arrest in said Sarupathar P.S. Case No. 21/2024, thereby violated the provisions of Sections 47 & 48 of the BNSS, 2023. In this regard, the petitioner has relied upon the decisions of the Hon’ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269. 5. By order dated 04.12.2024, the Court called for the scanned copy of the records of said Sessions Special (POCSO) Case No. 85/2024 as well as the records of Sarupathar P.S. Case No. 21/2024. The records are up-to 01.03.2025. 6. Perused the relevant case records. 7. Brief facts of the case is that the respondent No. 2, mother of the minor victim girl on 13.08.2024 lodged a written complaint before the Officer-in-Charge of Sarupathar Police Station, stating that her minor daughter aged about 17 years old is pregnant of four months. On being enquired, the minor victim girl told the informant that for about a Page No.# 3/6 year she was in relationship with the accused petitioner, of which her family members were not aware and that during the said period the accused petitioner had sexual relation with her, as a result of which she became pregnant. In the said FIR, it is also alleged by the informant that her minor daughter missed her monthly menstruation cycle and then she revealed the details to her indicating that it is the accused petitioner who had sexual intercourse with her in absence of anyone in their house. 8. The said FIR was accordingly registered as Sarupathar P.S. Case No. 21/2024 under Section 376(2)(n) IPC read with Section 6 of the POCSO Act against the petitioner. 9. After registration of the said Sarupathar P.S. Case No. 21/2024, statement of the minor victim girl under Section 183 BNSS was recorded on 14.08.2024 by the learned Judicial Magistrate First Class, Golaghat, in which the minor victim girl implicated the petitioner of committing sexual assault on her on various occasions when he used to visit her residence in absence of her parents and when her own brothers and sisters went to attend their school. 10. In the meanwhile, the petitioner was arrested on 13.08.2024. 11. The minor victim girl was also examined in Shahid Kushal Konwar Civil Hospital, Golaghat on 13.08.2024 and she was found to be pregnant of 23 weeks. 12. From the records of the case it is also seen that police seized the school transfer certificate of the victim girl as well as her birth certificate issued by the Registrar of Birth and Deaths, Sarupathar PHC on 11.04.2007 indicating her date of birth as 24.12.2006 with Registration No. 45/2007 with date of Registration 05.01.2007. 13. As such, at the time of the incident, the minor victim girl was aged about 17 years, a minor under the POCSO Act. 14. Police after completion of the investigation of the case submitted charge-sheet in said Sarupathar P.S. Case No. 21/2024 on 30.09.2024 vide Charge-Sheet No. 23/2024. Page No.# 4/6 15. After filing of charge-sheet in said Sarupathar P.S. Case No. 21/2024, the same was registered as Sessions Special (POCSO) Case No. 85/2024 before the Court of the learned Special Judge (POCSO), Golaghat. 16. On perusal of the records, it is seen that though Notice under Section 47, BNSS was issued to the petitioner at the time of his arrest on 13.08.2024, about which the petitioner has also acknowledged, but the said notice under Section 47 of the BNSS served to the petitioner is not as per the provisions of Section 47 of the BNSS, 2023 and as laid down by the Hon’ble Apex Court in the cases of Prabir Purkayastha (Supra) and Vihaan Kumar (Supra) and thereby violated the right of the petitioner conferred under Article 22 of the Constitution of India. 17. Also seen the order dated 14.08.2024 passed by the learned Special Judge (POCSO), Golaghat while producing the petitioner before the said Court for his first production. 18. On perusal of the Notice under Section 47 BNSS, 2023 as well as the first production order dated 14.08.2024, it is seen that grounds/reasons for arrest was not informed to the petitioner at the time of his arrest on 13.08.2024 in said Sarupathar P.S. Case No. 21/2024. 19. Considering the above, the petitioner is entitled for his bail in said Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar P.S. Case No. 21/2024, the trial of which is presently pending before the Court of learned Special Judge (POCSO), Golaghat. 20. Accordingly, the petitioner, namely, Bibek Sutradhar, son of late Madan Sutradhar, be released on bail in said Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar P.S. Case No. 21/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by the petitioner, with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the District of Golaghat, to the satisfaction of the learned Special Page No.# 5/6 Judge (POCSO), Golaghat subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (POCSO), Golaghat without obtaining prior written permission from the said authority, till disposal of said Sessions Special (POCSO) Case No. 85/2024; ii) shall regularly attend the Trial before the learned Special Judge (POCSO), Golaghat in said Sessions Special (POCSO) Case No. 85/2024 and shall co- operate with the said Special Court during the trial of the said case till its disposal; iii) shall not threat/harm the victim girl or anyone of her family members, by himself or by anyone acting on his behalf, in any manner. iv) shall not come to the vicinity of the victim girl, or anyone of her family members. v) shall not hamper and/or tamper with the evidence of the case; vi) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court and vii) shall not involve himself in any criminal activities in future. 21. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Bibek Sutradhar, the bail granted to him in said Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar P.S. Case No. 21/2024 shall stand automatically vacated. 22. It is also made clear that the learned Special Judge (POCSO), Golaghat shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above, on bail in said Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar P.S. Case No. 21/2024 to secure his attendance during Page No.# 6/6 the trial of the said case. 23. It is observed that this order relates to bail of the accused petitioner, namely, Bibek Sutradhar, in said Sessions Special (POCSO) Case No. 85/2024, arising out of Sarupathar P.S. Case No. 21/2024 and not on merits of the case. 24. The petitioner, named above, be released on bail accordingly, if he is not required in any other Criminal Case. 25. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant