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Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 2 April, 2026

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                       Page No.# 1/3

GAHC010064562026




                                                                2026:GAU-AS:4880

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./483/2026

            RAHENA BEGUM AND 3 ORS
            D/O ABDUL JABBAR, R/O VIL. UJANDIHI, P.S. AND DIST. SRIBHUMI

            2: RASNA BEGUM
             D/O JABIR MIA
             R/O VILL. UJANDIHI
             P.S. AND DIDST. SRIBHUMI.

            3: MISBA BEGUM
             D/O BURHAN UDDIN R/O VILL. UJANDIHI
             P.S. AND DIST. SRIBHUMI

            4: SAB UDDIN
             S/O JUNAB ALI
             R/O VILL. CHANDPUR
             P.S. AND DIST. SRIBHUMI

            VERSUS

            THE STATE OF ASSAM
            REP BY PP ASSAM



Advocate for the Petitioner   : MR S DAS, P J DAS

Advocate for the Respondent : PP, ASSAM,
                                                                               Page No.# 2/3


                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 02.04.2026

1. Heard Mr. S. Das, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam.

2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Sessions Case No.159/2024, pending in the Court of the learned Additional Sessions Judge (FTC), Sribhumi.

3. After commitment of the case to the Court of the Sessions, the petitioners, (1). Rahena Begum, (2). Rasna Begum, (3). Misba Begum and (4). Sab Uddin could not find out a bailer for them therefore, they did not appear before the Court of the Sessions. As a result, the Trial Court directed issue of NBWA against them.

4. The petitioners have submitted that they are interested in facing the trial and, therefore, they should be given adequate opportunity to that effect.

5. I have considered the submissions made by the learned counsel for both sides.

6. Since, the petitioners are interested in facing the trial, they should be given adequate opportunity to that effect. Therefore, the prayer of the petitioners is allowed.

7. All orders directing issue of NBWA against the petitioners are set aside.

8. The petitioners, (1). Rahena Begum, (2). Rasna Begum, (3). Misba Begum and (4). Sab Uddin are directed to appear before the Court of the learned Additional Page No.# 3/3 Sessions Judge (FTC), Sribhumi in connection with Sessions Case No.159/2024 within a period of 10 (ten) days from today and on their appearance, the petitioners shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of the learned Additional Sessions Judge (FTC), Sribhumi.

9. With the aforesaid direction, this Criminal Petition stands disposed of.

JUDGE Comparing Assistant