Gauhati High Court
I.A.(Crl.)/318/2026 of KHARANANDA MISHRA AND ANR Vs THE STATE OF ASSAM on 20 April 2026
GAHC010059982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/318/2026 KHARANANDA MISHRA AND ANR S/O SRI TEZ KANTA MISHRA, RESIDENT OF VILL- BAKORI DOLONI, P.O.- BAKORI DOLONI, P.S.- HELEM, DIST- BISWANATH, ASSAM 2: SMTI.
GAHC010059982026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/318/2026
KHARANANDA MISHRA AND ANR
S/O SRI TEZ KANTA MISHRA, RESIDENT OF VILL- BAKORI DOLONI, P.O.- BAKORI DOLONI, P.S.- HELEM, DIST- BISWANATH, ASSAM
2: SMTI. KABITA PRADHAN
W/O SRI KHARANANDA PRADHAN
P.S.- HELEM
DIST- BISWANATH
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
2:SMTI CHANDRAMAYA PRADHAN
W/O SRI MAN BAHADUR PRADHAN
R/O DATKHOLA
P.O.- DATKHOLA
P.S.- BISWANATH
DIST- BISWANATH
ASSA
Advocate for the Petitioner : MR. D SAIKIA, Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.A./99/2026
KHARANANDA MISHRA AND ANR
Page No.# 2/4
S/O SRI TEZ KANTA MISHRA
P.S.- HELEM
DIST- BISWANATH
ASSAM
2: SMTI. KABITA PRADHAN
W/O SRI KHARANANDA PRADHAN
P.S.- HELEM
DIST- BISWANATH
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR
ASSAM
2:SMTI CHANDRAMAYA PRADHAN
W/O SRI MAN BAHADUR PRADHAN
R/O DATKHOLA
P.O.- DATKHOLA
P.S.- BISWANATH
DIST- BISWANATH
ASSAM
------------
Advocate for : MR. D SAIKIA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 21-04-2026 (M. Zothankhuma, J) Heard Mr. P.J. Saikia, learned counsel for the applicants/appellants. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent and Mr. D. Bora, learned counsel for the informant.
2. The applicants/appellants have prayed for suspending the sentence imposed upon the applicant No.1, on his conviction under Section 6 of the POCSO Act by the learned Special Judge (POCSO), Biswanath in Special (POCSO) Case No.176/2023, arising out of Helem P.S. Case No.71/2025, vide Judgment and Order dated 04.02.2026.
3. The applicants’ counsel submits that the applicant No.1 and the applicant No.2, i.e, the victim had married during the trial and that there was no proof that the victim, who is now the wife of applicant No.1, was below 18 years at the time the incident had occurred. He submits that the wife of the applicant No.1 was above 18 years on the date the allegation of sexual intercourse occurred between the parties.
4. Mr. D. Bora, learned counsel for the informant, who is the mother of the victim, submits that he does not have any objection to the application being allowed, as the applicant No.1 and the applicant No.2, i.e, the daughter of the informant have now been married.
5. Ms. S.H. Bora, learned Addl. P.P submits that as per the birth certificate of the victim, her age was 16 years at the time the incident occurred. The Birth Certificate of the victim shows that she was born on 04.09.2007, while the incident had occurred on 18.09.2023. Further, the fact that there had been sexual intercourse between the victim and the applicant No.1 became apparent when the victim became pregnant, which was noticed by the informant, who is the mother of the victim. She thus submits that the application should be rejected.
6. On considering the submissions made by the counsels for the parties, we are of the view that as the applicant No.1 and the applicant No.2, i.e, the alleged victim have been married for more than a year and they have a child, besides keeping in view the fact that the Trial Court records have not been received by the Court and hearing on the appeal would require some time, bail can be granted to the applicant No.1. Accordingly, the applicant No.1 is granted bail on furnishing a bail bond of Rs.20,000/-, with 1(one) surety of the like amount to the satisfaction of the learned Trial Court. Consequently, the sentence imposed upon the applicant No.1, pursuant to the Judgment and Order dated 04.02.2026, passed by the learned Special Judge (POCSO), Biswanath in Special (POCSO) Case No.176/2023, arising out of Helem P.S. Case No.71/2025, is hereby suspended till final disposal of the appeal.
7. The application is allowed and disposed of.
JUDGE JUDGE Comparing Assistant