Crl.Pet. 8/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Subject matter of challenge in this petition is the order dated 29/8/09 passed b y the learned Judicial Magistrate, 1st Class, Kaliabar, Nagaon in GR case No.477 /2006 arising out of Samuguri PS Case No.187/06 u/s 376(G) IPC. Heard Mr. A Matin, learned counsel for the petitioner and Mr. K. Munir, learned Public Prosecutor, Assam. It is submitted that the trial court has issued Non-Bailable Warrant of Arrest o n the very first day of the proceeding. The trial court is entitled to issue su ch warrant at any time considering the nature of allegations as made in the inst ant case which is serious one of offence under Section 376(G) IPC. It is further submitted by the petitioner that the petitioner shall appear befor e the learned trial court within a period of 10 days from today. Considering the above and upon hearing learned counsel for the parties, this pet ition is disposed of with a direction that the petitioner shall surrender before the court below within a period of 10(ten) days and may file application for re gular bail. In the event of filing such application, the learned trial court sh all pass appropriate order thereon that may be justified under the law and facts commensurating to the gravity of the offence as well as the interim protection granted to the petitioner by this order. During the said period of 10(ten) days, meanwhile, in the event of arrest of the petitioner in regard to the NBWA issued against him, the same shall be treated as bailable one of Rs.20,000/-. With the aforesaid observation and direction this petition stands finally dispos ed of.