Pulakita Patgiri and 2 Ors v. The State of Assam

ORDER

22.05.2024 Heard Mr N Sarkar, learned counsel for the petitioners, 1) Smti Pulakita Patgiri, 2) Smti Ankita Patgiri and 3) Sri Rakesh Bania.

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Kalaigaon PS Case No. 20/2024, under Sections 120(B)/302 IPC.

¶3Heard Mr D Das, learned Additional Public Prosecutor for the State of Assam/respondent.

¶4Allegations were brought up against the petitioners by the mother-in-law of the petitioner No. 1.

¶5It is submitted on behalf of petitioners that all the petitioners were travelling in the Alto Car, bearing Registration No. AS-01-MC-2034 and they met with an accident as the car plunged into a pond, killing Amarjyoti Deka. The other petitioners were rescued by the neighbouring people, who witnessed the accident.

¶6I have also scrutinized the Case Diary.

¶7It is submitted at the Bar that this incident was an accident and not culpable Page No.# 3/3 homicide amounting to murder.

¶8The petitioners were granted interim bail vide order dated 03.04.2024. The petitioners have already appeared before the IO and they have cooperated with the investigation. The petitioners have not violated any bail conditions.

¶9In view of my foregoing discussions, interim bail order dated 03.04.2024, is hereby made absolute.

¶10Bail Application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010068632024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/861/2024 PULAKITA PATGIRI AND 2 ORS. W/O LATE AMAR JYOTI DEKA R/O WARD NO. 4, TANGLA P.S. TANGLA DIST. UDALGURI, ASSAM PIN-784521 2: ANKITA PATGIRI W/O SRI RAKESH BANIA R/O WARD NO. 4 TANGLA P.S. TANGLA DIST. UDALGURI ASSAM PIN-784521 3: RAKESH BANIA S/O SRI TULSI BANIA R/O HAZARIKAPARA P.S. SIPAJHAR DIST. DARRANG ASSAM PIN-78414 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N SARKAR Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND