THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.
Case at a glance
Outcome
Bail refused
Accordingly, this pre-arrest bail application stands dismissed, on withdrawal
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 s. 120(B)
- Prohibition of Child Marriage Act, 2006 ss. 9, 10, 11(1)
- Protection of Children from Sexual Offences Act, 2012 ss. 6, 17
Judgment
Operative part
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3580/2023 MOTIAR RAHMAN S/O. KASUA SK @ KACHUJA SHEIKH, VILL. DHEMDHEMA, P.O. GHASBARI, P.S. SAPATGRAM, DIST. DHUBRI, ASSAM, PIN. 783348 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM. 2:KHOLILUR RAHMAN S/O. AMJAD ALI VILL. DHEMDHEMA PT- II P.S. SAPATGRAM DIST. DHUBRI ASSAM Advocate for the Petitioner : MR R A AHMED Advocate for the Respondent : PP, ASSAM Page No.# 2/2 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 27-10-2023 ORDER Heard Mr. R.A. Ahmed, learned counsel for the petitioner and Ms. S. B. Hazarika, learned Additional Public Prosecutor, Assam for the State. By this application under Section 438 CrPC, the petitioner, namely, Motiar Rahman apprehending his arrest is seeking pre-arrest bail in Sapatgram Police Station Case No. 84/2023 registered under Section 120(B) IPC, read with Sections 9/10/11 (1) of the Prohibition of Child Marriage Act, 2006 and read with Sections 6/17 of the POCSO Act, 2012. During the deliberation of the matter, on instruction of the petitioner, Mr. R.A. Ahmed, learned counsel prays for withdrawal of this pre-arrest bail application. Prayer is allowed. Accordingly, this pre-arrest bail application stands dismissed, on withdrawal. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this pre-arrest bail application stands dismissed, on withdrawal
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — s. 120(B); Prohibition of Child Marriage Act, 2006 — ss. 9, 10, 11(1); Protection of Children from Sexual Offences Act, 2012 — ss. 6, 17.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.