Dinesh Das and 2 Ors v. State of Assam

ORDER

11.06.2024 Heard Mr K M Haloi, learned counsel for the petitioners, 1) Sri Dinesh Das, 2) Smti Renuka Das and 3) Smti Yuba Das, who have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Pathsala PS Case No. 45/2024, registered under Sections 498(A)/307 of the Indian Penal Code, 1860.

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

¶4The allegation against the petitioners is that they attempted to commit murder of the victim by forcefully taking her into her bedroom and attempting to kill her by strangulating her with a piece of cloth. There are allegations of cruelty extended to the victim by the petitioners.

¶5The accused No. 1 named in the FIR is the husband of the victim and the petitioner No. 1 is the father-in-law, the petitioner No. 2 is the mother-in-law and petitioner No. 3 is the sister-in-law of the victim.

¶6The learned Additional Public Prosecutor has stated that there are incriminating materials in the Case Diary against the petitioners, but the injury report has not been Page No.# 3/4 forwarded along with the Case Diary.

¶7It is submitted that the statements of the witnesses have revealed that the victim was subjected to cruelty as the victim was unable to meet the petitioners' illegal demand of dowry.

¶8It is submitted on behalf of the petitioner that the FIR clearly reveals that the victim, i.e., the wife of the accused No. 1 (named in the FIR), time and again took guidance from her Advocate. Repeatedly, she went back to her parental home and thereafter, with the advice of her Advocate, she also returned to her matrimonial home to restart her conjugal life.

¶9It is submitted that if the petitioners had treated the victim with such cruelty, she would never have returned to her matrimonial home and she was constantly under the guidance of her Advocate.

¶10It is submitted that the allegation that the petitioners tried to forcefully hang the victim on a ceiling fan is a concocted story.

¶11I have considered the submission that the petitioner No. 3 is appearing her examination.

¶12I have also considered the submission that the accused No. 1, i.e., the husband of the victim was already arrested and released on bail.

¶13The Case Diary reveals that investigation has progressed to a considerable extent. Page No.# 4/4

¶14There are incriminating materials in the Case Diary against the petitioners, however, at this juncture, custodial interrogation may not be required.

¶15In view of my foregoing discussions, petition is allowed.

¶16I have considered the submissions at the Bar with circumspection. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/-each, with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that-

i) the petitioners shall appear before the IO within 10 days and cooperate with the investigation,

ii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, till completion of investigation. On breach of any of the bail conditions, bail order shall stand cancelled.

¶17Bail Application stands disposed of.

¶18Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010100682024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1315/2024 DINESH DAS AND 2 ORS S/O LATE PABAN DAS, R/O VILL- TITKA (KEOT SUBA), WARD NO. 7, P.O.- PATHSALA, P.S.-PATHSALA, DIST-BAJALI, ASSAM, PIN-781325 2: SMTI. RENUKA DAS W/O SRI DINESH DAS R/O VILL- TITKA (KEOT SUBA) WARD NO. 7 P.O.-PATHSALA P.S.-PATHSALA DIST-BAJALI ASSAM PIN-781325 3: SMTI. YUBA DAS D/O SRI DINESH DAS R/O VILL- TITKA (KEOT SUBA) WARD NO. 7 P.O.-PATHSALA P.S.-PATHSALA DIST-BAJALI ASSAM PIN-78132 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K M HALOI Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND