Page No.# 1/3 GAHC010077962026 2026:GAU-AS:6178 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/832/2026 FULBANU BIBI W/O MOFIDUL HAQUE VILL- BUJRUK MANIKPUR P.S. KRISHNAI DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 06-05-2026 Heard Mr. F. Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 482 BNSS, 2023 praying for grant Page No.# 2/3 of pre-arrest bail to the accused/petitioner, namely, Fulbanu Bibi who is apprehending arrest in connection with PRC Case No. 203/2022, under Sections 366/34 IPC, pending in the Court of learned Additional CJM, Goalpara. 3. An additional affidavit has been filed by Mr. Haque, learned counsel for the petitioner. 4. It is submitted by Mr. Haque, learned counsel that the petitioner is innocent and initially her name was not in the FIR, but subsequently, along with the other accused persons she was charge sheeted showing her as an absconder. But the present petitioner was not aware about the pendency of any case against her as she was never searched by police during investigation. He further submitted that the petitioner never received any summon from the Court and subsequently it has come to the knowledge that NBWA has already been issued without even service of summons to her. 5. However, the petitioner is ready and willing to appear before the learned Trial Court and to contest the case by appearing on each and every day to be fixed by the Court, if she is granted with some interim protection. 6. Mr. Sarma, learned APP submitted in this regard that from the charge sheet as well as other materials it is seen that during investigation sufficient incriminating material was found against the accused persons including the present petitioner and as they were absconding during investigation, the charge sheet has to be filed showing the accused persons as absconders. However, he submitted that direction may be given to the present petitioner for appearing before the learned Trial Court with an appropriate application for regular bail. 7. Heard the submissions made by the learned counsel for the parties, I have also perused the case record as well as the order sheets filed along with the Page No.# 3/3 additional affidavit. 8. It is seen that the petitioner along with other persons have been shown as absconders in the charge sheet and it is also seen from the order that on 09.12.2025 NBWA was issued against the present petitioner along with others considering their absence and also considering the fact that notice as well as B/W issued against the accused persons did not return after proper service. Thus, it is seen that NBWAs were issued without proper service of summons to the accused petitioners. 9. Considering all these aspects of the case and the submissions made by the learned counsel for the parties, the present petitioner is hereby directed to appear before the learned Trial Court with regular application for bail within a period of 15 (fifteen) days from today, which may be considered in accordance with law. 10. However, till next 15 (fifteen) days/till next of listing of the case, the Warrant of Arrest issued against the present petitioner is stayed/suspended. 11. This pre-arrest bail accordingly stands disposed of. JUDGE Comparing Assistant