SRIMONTA MADHAB SAIKIA ALIAS SRIMANTA SAIKIA v. THE STATE OF ASSAM AND ANR
AB/83/2026 · 2026-04-23
Parthivjyoti Saikia
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4602 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4602 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010005522026
2026:GAU-AS:5650
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/83/2026 SRIMONTA MADHAB SAIKIA ALIAS SRIMANTA SAIKIA S/O MOHEN SAIKIAR/O SANKARDEV RAILWAY COLONY, DIBRUGARH WEST, DIBRUGARH, ASSAM, PIN-786001. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, GOVT. OF ASSAM 2:RABATI SAIKIA W/O RAJU SAIKIA R/O VILL- NO. 2 GOMARI P.S. MERAPANI DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR S DEWRI, P P BORA,MR P SONOWAL Advocate for the Respondent : PP, ASSAM, MR. D ULLAH, AMICUS CURIAE (R-2)
Page No.# 2/2 :: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
24.04.2026
Heard Mr. P.P. Bora, learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sharma, learned Addl. Public Prosecutor, Assam as well as Mr. D. Ullah, the learned Amicus Curiae representing Respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Merapani P.S. Case No.100/2025 under Sections 351(3)/64(2)(m)/143(4) and 96 of BNS, 2023 read with Section 6/4/15 of the POCSO Act.
3. A 16 year old girl was taken to the house of her neighbour where the said neighbor had confined her in her house. While she was in confinement, she allegedly brought the present petitioner who had forcible sexual intercourse with the said 16 years old girl.
4. I have gone through the statement of the victim girl that was recorded under Section 183 of the BNSS, 2023.
5. I have considered the submissions made by the learned counsel of both sides.
6. The petitioner is not entitled to be given the privilege of pre-arrest bail. His prayer for pre-arrest bail is rejected. The application for bail is disposed of.
JUDGE Comparing Assistant