Himangshu Ray @ Himangshu Kr Ray v. The State of Assam

ORDER Date : 24.05.2023

Heard Mr. S. Nawaz, learned counsel appears for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This Anticipatory bail petition has been filed by the petitioner, namely, Himangshu Ray @ Himangshu Kr. Ray, apprehending arrest in connection with Abhayapuri Police Station Case No. 182/2023, under Sections 376 of IPC. Page No.# 2/4

¶3The learned counsel appearing for the petitioner submits that by an FIR dated 24.04.2023 lodged by the informant, one Dineshwari Pathak, it is alleged that the petitioner had established physical relationship with the informant for the past 2/3 years by offering to marry her. When the family members of the informant wanted to get her married with another person, then the petitioner did not let her get married and kept assuring that he would marry the informant. On

15.04.2023 at around 9.30 p.m, when the petitioner had come to the house of the informant, he was accosted by the neighbours and he then promised to marry the informant on

17.04.2023. Subsequently, he withdrew from his offer of marriage.

¶4The learned counsel for the petitioner submits that the petitioner is not at all connected with the offences alleged. However, in view of the investigations being carried on by the police he apprehends arrest by the police on mere suspicion and as such he prays for grant of anticipatory bail.

¶5This Court by order dated 10.05.2023 had called for the case diary along with the statement of the informant recorded under Section 164 Cr.P.C and the medical report.

¶6The case dairy along with the medical report and the statement of the informant recorded under Section 164 Cr.P.C. is produced by Mr. B.B. Gogoi, learned Addl. P.P for the State of Assam. Page No.# 3/4

¶7Perusal of the case diary reveals that the medical report does not indicate any injuries on the informant. No external injuries are also reported. The report of the gynecological test conducted also gave negative results. Although the allegations made in the FIR are reiterated by the informant in her statements made under Section 164 Cr.P.C., the same does not appear to be supported by the opinion rendered by the Medical Expert. As per the FIR the informant and the petitioner had established physical relationship from past 2-3 years. Such physical relationships in the absence of materials to the contrary available, will have to be presumed to be consensual relationship. Perusal of the case dairy does not reveal that there are any other incriminating materials which could suggest that the grant of anticipatory bail of the petitioner at this stage of investigation will hamper the investigation carried on by the Investigating Officer.

¶8Accordingly, this Court is of the view that the prayer for anticipatory bail by the petitioner can be granted. Accordingly, in the event of arrest of the petitioner in connection with Abhayapuri Police Station Case No. 182/2023, registered under Sections 376 of IPC, the petitioner is released on a bail bond of Rs.30,000/-(Rupees thirty thousand) only with one (1) local surety of like amount to the satisfaction of the Arresting Authority. The bail granted however, is subjected to the following conditions:-

¶1That the petitioner shall appear before the Page No.# 4/4 Investigating Officer within 10(ten) days and co-operate in the investigation as and when required;

¶2The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Abhayapuri Police Station.

¶3That the petitioner shall not hamper or tamper with the investigation in any manner; and

¶4That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶9If any of the conditions are found to be violated by the petitioner, then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioner.

¶10Anticipatory bail petition is accordingly disposed of.

¶11Return the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010096372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1628/2023 HIMANGSHU RAY @ HIMANGSHU KR RAY S/O SAILENDRA NARAYAN RAY @ SURENDRA NARAYAN RAY R/O VILL- DHAKNABARI, P.S. ABHAYAPURI, IN THE BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A W AMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA