Page No.# 1/3 GAHC010021952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./107/2025 MAMTA KHATUN @ MAMTAJ KHATUN @ MARJINA KHATUN D/O KUME ALI, RESIDENT OF VILLAGE RAJAGHAT, KURUBAHA, PATACHARKUCHI, BAJALI, ASSAM 781327 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SOMIRAN BEGUM D/O BARKAT ALI RESIDENT OF VILLAGE NO 7 BASHBARI PS MANIKPUR BONGAIGAON ASSAM 78339 Advocate for the Petitioner : MR. M I HUSSAIN, MS. P AHMED,R KHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.02.2025 1. Heard Mr. M.I. Hussain, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor, Assam. 2. This application under section 528 of the BNSS, 2023 read with Article 227 of the Constitution of India has been filed by the petitioner, namely, Mamta Khatun @ Mamtaj Khatun @ Marjina Khatun, impugning the order dated 17.12.2024 and 08.01.2025, passed by the learned Additional Chief Judicial Magistrate, Bongaigaon, in PRC Case No. 244/2024. 3. The learned counsel appearing for the petitioner has submitted that in the above mentioned PRC Case, initially the petitioner did not receive the summons issued by the Court and later on, he could not arrange surety. He also submits that though on 17.12.2024, the petitioner went to the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon, however, the engaged counsel did not find any application before the said Court, as no surety could be arranged on that day. 4. The learned counsel for the petitioner submits that the petitioner is ready and willing to face the trial and she may be afforded some interim protection, so that she can appear before the Court as non-bailable warrant of arrest has already been issued against her. 5. The learned Additional Public Prosecutor Mr. Das submits that, if the petitioner is willing to face the trial, he has no objection if the Court grants her interim protection. Page No.# 3/3 6. In view of the submissions made by the learned counsel for the parties, this criminal petition is disposed of with a direction to the petitioner to appear before the Court of the learned Additional Chief Judicial Magistrate, Bongaigaon, on 06.03.2025 in PRC Case No. 244/2024. 7. For facilitating her appearance before the Court on the aforesaid date, the operation of non-bailable warrant of arrest issued against her by the said Court shall remain suspended till that day. 8. On her appearance before the Trial Court, she may file any application seeking appropriate relief from the said Court. 9. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant