Page No.# 1/3 GAHC010141042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./990/2026 DHANANJOY BARMAN ALIAS DHANANJAY BARMAN S/O-LATE PARIMAL BARMAN, R/O- NAITAMARI, P.S. AND DIST BONGAIGAON, PIN-783380, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:NILIMA SUTRADHAR W/O- LATE KANU SUTRADHAR R/O- DIKDARI KAKRAGAON P.S. AND DIST BONGAIGAON ASSAM PIN-783380 Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS,P SHARMA,MS. R DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.07.2026 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. D.P. Page No.# 2/3 Goswami, learned Additional Public Prosecutor appearing for the State. By filing this petition, the petitioner has challenged the order dated 10.09.2025, by which, the learned Special Judge, Bongaigaon in Special(P) Case No.86/2025 had issued NBWA against the petitioner on the very first day of taking up the matter. Mr. S.C. Biswas, learned counsel has placed an order dated 26.11.2025, by which, the said NBWA has been issued against the petitioner. He submits that on 10.09.2025, charge-sheet has been submitted before the Court being CS No.170/2025 and on the same day itself, the Court had held that NBWA be issued against the accused person and pursuance to the same, Warrant of Arrest was issued against the accused person. But on the next date, i.e. on 26.11.2025 NBWA was issued against the petitioner, as the petitioner was found absent on the same date. The learned counsel for the petitioner submits that although Warrant of Arrest was issued against the petitioner on 10.09.2025, it was not reflected as to whether it is bailable or non-bailable. He submits that although the Court had issued NBWA on 26.11.2025, but that has to be backed by reasons, which apparently is not present in the instant case. Mr. D.P. Goswami, learned Additional Public Prosecutor submits that the instant case relates to an offence punishable under the Protection of Children from Sexual Offence Act, 2012 and as such, he submits that the victim may he heard before issuing any order. I have heard the learned counsel for both sides and gone through the case record. It is held that the victim should be heard at every stage of any case but since the petitioner has stated that he will go and appear before the Court without fail, this Court finds it fit to allow the petitioner to appear before the Court and as such, he is given some days time to report before the trial Court. The petitioner is directed to appear before the Court of Special Judge, POCSO, Bongaigaon on 05.08.2026 and to appear before the trial Court as and when called for. If the petitioner fails to appear on the said date, the order passed by the trial Court Page No.# 3/3 would get revived. The orders dated 19.03.2025, as well as subsequent orders be kept in abeyance till the applicant appears before the trial Court. JUDGE Comparing Assistant