Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010086202026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/918/2026 SAHIDA KHATUN W/O SAMIR HOQUE, R/O VILL BANGALIPARA PT II, PO AND PS BILASIPARA, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:ZAKIR HUSSAIN S/O FULADDIN SK R/O BANGALIPARA PART II PO TULUPARA PS BILASIPARA DIST DHUBRI ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,M. HOSSAIN Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE (R2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.06.2026
Heard Mr. H R A Choudhury, learned senior counsel, assisted by Mr. S S Ahmed, learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, learned Additional Public Prosecutor, Assam and Ms. T. Porasor, learned Amicus Curiae representing the respondent no. 2. Page No.# 2/2 This is an application filed under Section 482 of the BNSS, 2023 by the petitioner Sahida Khatun praying for pre-arrest bail in connection with Special (PoCSO) Case No. 14/2026 pending in the court of the learned Additional District & Sessions Judge, Bilasipara-cum-Special Judge, Bilasipara. The present petitioner has been shown as absconder in the chargesheet. After filing of the chargesheet, the petitioner has received summon asking her to appear before the court. She now apprehends that if she appears before the trial court, she might be remanded to custody because she has been showing as absconder in the chargesheet. The learned counsel for the petitioner has submitted that the petitioner is interested in facing the trial and, therefore, adequate opportunity should be given to her. Mr. M P Goswami, learned Additional Public Prosecutor has submitted that only summon has been issued, petitioner should not be apprehended for remand. I have considered the submissions made by the learned counsel for both the sides. The petitioner apprehends that she might be remanded to custody if she appears before the court. Since the petitioner is interested in facing the trial, this Court is of the opinion that an opportunity should be given to her.
Considering entire aspect of the matter, the petitioner is directed to appear before the learned trial Court on 10.06.2026, as mentioned in the summon and on her appearance, the learned trial Court shall allow the petitioner Sahida Khatun to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Additional District & Sessions Judge, Bilasipara-cum-Special Judge, Dhubri. With the above, the bail application is disposed of. JUDGE Comparing Assistant