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2025 DAILYLAW 27848 (GAU)

SIPRA RANI BARBHUIYA SIPRA RAY AND ANR v. THE STATE OF ASSAM AND ANR

Crl.Pet./1426/2025 · 2025-11-18

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010255572025 2025:GAU-AS:15638 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1426/2025 SIPRA RANI BARBHUIYA SIPRA RAY AND ANR W/O.LATE ATUL BARBHUIYA R/O GANGANAGAR PART-III, P.O. AND P.S. KACHUDARAM, DIST. CACHAR. 2: SANDEEP BARBHUIYA S/O LATE ATUL BARBHUIYA R/O GANGANAGAR PART-III P.O. AND P.S. KACHUDARAM DIST. CACHAR VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:DIPIKA RAY W/O SANDEEP BARBHUIYAR/O VILL- NANDUBASTIP.O. KACHUDARAM DIST. CACHAR Advocate for the Petitioner : MR. J LASKAR, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.11.2025 1. Heard Mr. J. M. Sulaiman, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.116/2025, pending in the Court of the learned Chief Judicial Magistrate, Cachar, Silchar. Page No.# 2/2 3. Both the petitioners, namely, Sipra Rani Barbhuiya @ Sipra Ray and Sandeep Barbhuiya are shown as an absconder in the Charge-Sheet that was filed alleging commission of offences under Section 498(A)/307/34 of the Indian Penal Code. Summons has been issued to the petitioners by the Court below. 4. According to the petitioners, whenever they will appear before the Court of the learned Chief Judicial Magistrate, in respect of the said case, they will be remanded to custody since, this Court lacks jurisdiction to entertain their bail application. 5. Both the petitioners submitted that they are interested in facing the trial and they should be given adequate opportunity to that effect. 6. After hearing the learned counsel for both sides, the prayer of the petitioners is allowed. 7. It is hereby directed that the petitioners, Sipra Rani Barbhuiya @ Sipra Ray and Sandeep Barbhuiya shall appear before the Court of the learned Chief Judicial Magistrate Cachar, Silchar in connection with PRC Case No.116/2025 within the next 7 (seven) days from today and on their appearance, the petitioners, Sipra Rani Barbhuiya @ Sipra Ray and Sandeep Barbhuiya shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate Cachar, Silchar. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant