Nepal Biswas and 2 Ors v. The State of Assam

ORDER

10.06.2024 Heard Mr A M Khan, learned counsel for the petitioners, 1) Nepal Biswas, 2) Pinky Biswas and 3) Shanti Biswas, who have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with North Guwahati PS Case No. 20/2024, registered under Sections 498(A)/306 of the Indian Penal Code, 1860.

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

¶4The allegation against the petitioners is that they have instigated the victim to commit suicide.

¶5The FIR unfolds that the victim was subjected to cruelty by the petitioner, which drove her to commit suicide.

¶6I have considered the submissions at the Bar with circumspection.

¶7I have also scrutinized the Case Diary as well as the Post-Mortem Report.

¶8It is submitted on behalf of the petitioners that they are residing separately and they did not reside in the same household with Shubal Biswas or with the victim Sunita Biswas. There is no question of subjecting the victim to cruelty or instigating the victim to commit suicide. Page No.# 3/3

¶9The Case Diary reveals that investigation has also progressed to a considerable extent.

¶7It appears that custodial interrogation of the petitioners may not be required for the progress of investigation.

¶8I have considered the submission that the petitioners are willing to abide by any stringent conditions, if imposed upon them.

¶9Considering the submissions at the Bar and in view of my foregoing discussions, petition is allowed. 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 one week and cooperate with the investigation,

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

¶10Bail Application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010110352024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1459/2024o NEPALoBISWASoANDo2oORS.o S/OoLToGOPALoBISWAS,oR/OoDOYALoNAGAR,oAMINGAON,oP.S.-oNORTHo GUWAHATI,oDIST-oKAMRUPo(R),oASSAM 2:oPINKYoBISWAS oW/OoNEPALoBISWAS oR/OoDOYALoNAGAR oAMINGAON oP.S.-oNORTHoGUWAHATI oDIST-oKAMRUPo(R) oASSAM 3:oSHANTIoBISWAS oW/OoLToGOPALoBISWAS oR/OoDOYALoNAGAR oAMINGAON oP.S.-oNORTHoGUWAHATI oDIST-oKAMRUPo(R) oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoMoKHANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND