Page No.# 1/3 GAHC010058652025 2025:GAU-AS:3366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./356/2025 RWISUMWI GOYARY D/O SUCHEN GOYARY R/OVILL- SILBARI ABADIPARA P.O.BOROBAZAR P.S. BIJNI DIST.CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR R DHAR, J DAS,MRS. A BASUMATARY,MR B C MUCHAHARY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 25.03.2025 Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. 2. In pursuance of this Court order dated 21.03.2025, an additional affidavit annexing the charge sheet and other order(s) is being annexed along with the petition. 3. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders dated 09.10.2023 and 05.12.2023 passed by the learned Judicial Magistrate First Class, Bijni, in PRC Case No. 175/2022 [G.R. Case No. 213/22], whereby Non-Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment (P&A) were issued against the present petitioner, respectively. Subsequently, vide order dated 17.09.2024, a case was filed against the petitioner by issuing a standing NBWA against her. 4. The learned counsel for the petitioner, Mr. Dhar, submits that the petitioner was unaware of the pendency of the case and was never searched by the police during the investigation. He further submits that she was confined by her husband, Shri Biren Goyary, in the house of one Mrs. Niru Basumatary in Udalguri to obtain an ex-parte order in a divorce suit filed by him, which was numbered as Title Suit (D) 35/2023. She was released from confinement only after the ex-parte order was passed on 22.10.2024, at which point she became aware of the pendency of the case as well as the issuance of NBWA and P&A against her. However, she is now ready and willing to appear before the learned Trial Court and face the trial on each and every date fixed, provided she is granted the privilege of bail. 5. On the other hand, Mr. Baruah, the learned Additional Public Prosecutor submits Page No.# 3/3 that the accused/petitioner was shown as an absconder in the charge sheet, and after exhausting all necessary formalities, the Court issued P&A against her. Consequently, on 17.09.2024, the case against her had to be filed. He, therefore, objects to granting bail, contending that once P&A is issued against an accused/petitioner, the order cannot be set aside or quashed. 6. Considering the submissions made by the learned counsels for both sides, I have perused the case record and the annexures annexed to the petition, particularly the order sheets. From the records, it is evident that NBWA was issued against the accused/petitioner on 09.10.2023, and subsequently, P&A was issued against her on 05.12.2023. However, based on the report of the Executive Officer, the Court filed the case against the petitioner vide order dated 17.09.2024, leading to the splitting up of the case, while the proceedings for the co-accused continued. 7. From the submissions of the learned counsel for the petitioner and considering the fact that she was under confinement till the disposal of Title Suit (D) 35/2023, wherein her husband obtained an ex-parte order in his favor, I find that sufficient reasons have been provided by the accused/petitioner for her non-appearance before the learned Trial Court. Considering this aspect alone, I deem it proper to allow the accused/petitioner to appear before the learned Trial Court within 10 (ten) days from today and file a fresh petition for regular bail. Upon filing such a petition, the learned Court below shall consider and dispose of the same in accordance with the law. Till then, the execution of NBWA and P&A issued against the accused/petitioner shall remain stayed/suspended. 8. With the above observation and direction, this criminal petition stands disposed of. JUDGE Comparing Assistant