Page No.# 1/3 GAHC010103932026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./744/2026 ABDUR RAHIM ALIAS ABDUL RAHIM, S/O- ALAM AHMED, R/O- KHARIJA DHOLAI GAON, P.S.- BONGAIGAON, DIST BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P. ASSAM. 2:FAJIRON NESA W/O- ISMAIL SHEIKH R/O- KHARIJA DHOLAI GAON P.S.- BONGAIGAON DIST BONGAIGAON ASSAM. PIN. 783380 Advocate for the Petitioner : MR S M ABDULLAH P, MD R ISLAM,MR. MD IMDAD,MD IMRAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2026 Heard Mr. S M Abdullah P., the learned counsel appearing for the petitioner. Also heard Mr. B Sarma, the learned Additional Public Prosecutor Page No.# 2/3 appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (P) Case No.113(Bgn)/2025 pending in the Court of the learned Special Judge, Bongaigaon, Assam. 3. A 20 year old married lady has lodged an FIR before police alleging that when her husband was in jail, the present petitioner had sexual intercourse with her forcibly. In spite of that, police registered a case under the POCSO Act. 4. Mr. Sarma has objected to this petition on the ground that the case has been filed under the POCSO Act. 5. On the face of the record, this Court is of the opinion that no notice is required to be sent to the respondent No.2 under the given circumstances. 6. The petitioner Abdur Rahim @ Abdul Rahim has been shown as absconder in the charge sheet. He now apprehends that he will be remanded to custody, if he appears before the Court of the learned Special Judge, Bongaigaon, Assam. 7. Mr. S M Abdullah P. submits that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 8. I have considered the submissions made by the learned counsel of both sides. 9. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunities to that effect. Therefore, his petition is allowed. 10. The petitioner Abdur Rahim @ Abdul Rahim is directed to appear before the Court of the learned Special Judge, Bongaigaon, Assam in connection with Special (P) Case No.113(Bgn)/2025 within next 10 (ten) days from today. On his appearance, he shall be released on bail of Rs.25,000/- Page No.# 3/3 (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon, Assam. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant