Gauhati High Court
Crl.Pet./1159/2026 of SIBO PRASAD RABHA ALIAS SIBO RABHA Vs THE STATE OF ASSAM on 19 August 2026
GAHC010166442026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1159/2026 SIBO PRASAD RABHA ALIAS SIBO RABHA S/O- RABIN RABHA R/O- GUSAIPARA, P.S. BOK DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM
GAHC010166442026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1159/2026
SIBO PRASAD RABHA ALIAS SIBO RABHA
S/O- RABIN RABHA R/O- GUSAIPARA, P.S. BOK DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE P.P. ASSAM
Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date :20.08.2026
Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent.
2. In this petition, under Section 528 of the BNSS, 2023, read with Article 227 of the Constitution of India, the petitioner has challenged the order dated 09.06.2026 and the subsequent orders, passed by the learned Sessions Judge,
Kamrup, Amingaon, in Sessions Special Case No. 18/2023, arising out of Boko P.S. Case No. 287/2023, under Section 366 IPC.
3. It is to be noted here that vide impugned order dated 09.06.2026, the learned Sessions Judge, Kamrup, Amingaon (‘trial Court’, for short) had issued Non-Bailable Warrant of Arrest (NBWA) against the present petitioner.
4. Mr. Paramanik, learned counsel for the petitioner submits that the petitioner and the victim subsequently got married and they left for Meghalaya, and therefore, they could not appear before the learned trial Court, for which the learned trial Court, vide impugned order dated 09.06.2026, had issued NBWA against the present petitioner. Mr. Paramanik also submits that the petitioner is ready to face the trial and will appear before the learned trial Court on each and every date, and therefore, he has contended to recall the NBWA issued against the petitioner.
5. Mr. Borthakur, learned Additional Public Prosecutor for the respondent submits that he has no objection in the event of allowing this petition, but the petitioner may be directed to appear before the learned trial Court to face the trial.
6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 09.06.2026 and the subsequent orders.
7. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned trial Court on or before 07.09.2026, and to apply for regular bail, and in the event of filing of such an application, the learned trial Court shall consider the same in accordance with law.
8. Till then, the NBWA issued against the petitioner shall be kept in abeyance.
9. In terms of above, this petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant