Page No.# 1/3 GAHC010253202025 2025:GAU-AS:16107 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1448/2025 NURUL HUSSAIN BARBHUIYA S/O- LATE NAMAR ALI BARBHUIYA, RESIDENTS OF VILLAGE- BARJATRAPUR, P/S- BORKHOLA, DIST- CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P K DEKA, MS. N M LONGKENG,MR. P DAIMARY,MR. R. KARIM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS ORDER 26/11/2025 Heard Mr. P K Deka, learned counsel for the petitioner and Mr. P Borthakur, learned Additional Public Prosecutor, Assam. 2. On 23.08.2024, one FIR was lodged before the Tarapur Outpost under Silchar Police Page No.# 2/3 Station with the allegation that the informant’s minor daughter went out to children’s park on 22.08.2024 at around 12:30 PM and since then her whereabouts are not known. 3. It is stated that the informant suspects that the named accused petitioner, Abdul Barbhuiya might have forcefully kidnapped his daughter. 4. On the basis of the FIR, Silchar P.S. Case No. 756/2024 was registered under Sections 87 BNS, added Section 61(2), 70(2)/142 BNS and read with Sections 6/17 of POCSO Act. 5. After completion of investigation, charge-sheet was submitted against several persons. However, further investigation continued and the Investigating Officer filed a supplementary charge-sheet, where the name of the present petitioner, Nurul Hussain Barbhuiya was shown as being sent up for trial and also indicating him as an absconder. 6. The learned counsel for the petitioner has taken the Court to the order dated 11.12.2024 reflecting the submission of the supplementary charge-sheet against several accused persons including the present petitioner. Subsequently, the Court was pleased to issue summons and the case is pending for appearance with regard to the petitioner and others. 7. During the course of hearing, Mr. Deka, learned counsel for the petitioner submits that at this stage, he has a limited prayer and that he may be given an opportunity to appear before the learned Trial Court and contends and submits in this regard that he shall render full co-operation and will appear regularly before the Trial Court. 8. I have also heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. 9. Upon giving my consideration to the matter, including the limited prayer of the petitioner side – I am of the considered view that the matter can perhaps be disposed of at this stage itself. 10. Therefore, in exercise of the power under Section 528 BNSS, it is hereby directed that the petitioner shall appear before the learned Trial Court, which is the Court of the learned Page No.# 3/3 Special Judge (POCSO), Cachar, Silchar and upon such appearance, he shall seek regular bail which will be taken up for consideration by the learned Trial Court and disposed of, needless to say in accordance with law and also keeping in mind the stage of the case, including completion of investigation with regard to the present petitioner. 11. The instant criminal petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant