THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/647/2022 MOSTAKIN ALI @ MOSTAK ALI (MINOR) S/O MOZIBAR RAHMAN, R/O SAGOLCHARA PART-III, P.S.-DHUBRI (SADAR), DIST-DHUBRI, ASSAM, REPRESENTED BY HIS FATHER NAMELY MOZIBAR RAHMAN, AGED ABOUT 46 YEARS, R/O SAGOLCHARA PART-III, P.S.-DHUBRI (SADAR), DIST-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA Date : 07-03-2022 ORDER Heard Mr. AAR Karim, learned counsel appearing for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor appearing for the State respondent. This is an application, filed under Section 438 of the Cr.PC. seeking pre- Page No.# 2/2 arrest bail of the petitioner, namely, Sri Mostakin Ali @ Mostak Ali (minor), in connection with Bilasipara Police Station Case No. 882/2021 registered under Sections 365/376 of the IPC read with Section 4 of the POCSO Act. Mr. Karim, learned counsel for the petitioner has submitted that the petitioner is a minor and to that effect he has made a specific statement in para 3 of the petition. It has also been submitted that the date of birth of the petitioner is 13.08.2005. Since the question of juvenility of the petitioner has been raised, in the considered view of this Court it will be appropriate for this Court to direct the learned Special court under the POCSO Act/Sessions Judge to pass appropriate order for determination of the juvenility or otherwise of the petitioner after making necessary enquiry as provided in The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. With the above observations and directions, this petition stands disposed of. The petitioner shall produce a copy of this order before the learned court below who shall act as per this order. JUDGE Comparing Assistant