Page No.# 1/3 GAHC010255032025 2025:GAU-AS:15765 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1439/2025 SRI TOBA NYORI @ TAO ORIYE S/O SRI MARTO ORIYE 2 MARTO NYORI, R/O PALE ADI BASTI, P.S. LIKABALI, DIST. WEST SIANG, ARUNACHAL PRADESH. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. A. Khanikar, learned counsel appearing for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No. 455/2022 pending in the Court of the Learned Judicial Magistrate, 1st Class, Dhemaji. 3. The petitioner, namely, Sri Toba Nyori @ Tao Oriye, has been shown as an absconder in the Charge Sheet, alleging commission of offence under 366 of the Indian Penal Code. Summons has been issued to him by the Court below. The summons were not served, therefore, non-bailable warrant arrest was directed to be issued by the Learned Judicial Magistrate, 1st Class, Dhemaji. 4. The petitioner submits that he is interested in facing the trial and he deserves to be given adequate opportunity to him to that effect. 5. I have considered the submissions made by the learned counsels for both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given adequate to that effect. 7. His application is allowed. 8. The warrant of arrest issued against him shall be recalled. 9. It is hereby directed that the petitioner, namely Tobsa Nyori @ Tao Oriye is directed to appear before the Court of the Learned Judicial Magistrate, 1st Class, Page No.# 3/3 Dhemaji in respect of PRC Case No. 455/2022 within next 7 (seven) days from today and on his appearance he shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) with a surety of the like amount to the satisfaction of the Learned Judicial Magistrate, 1st Class, Dhemaji. 10. The petitioner shall regularly appear before the Trial Court and if he fails to do so the Trial Court shall have the liberty to procure his attendance by the due process of Law. 11. With the aforesaid directions, this criminal petition is disposed of. JUDGE Comparing Assistant