Dibyajyoti Nath and 2 Ors v. The State of Assam

ORDER Date : 26-06-2024 Heard Ms. G. Bora, learned counsel for the petitioners 1. Dibyajyoti Nath,

¶2Gopal Nath and 3. Arati Devi, who have filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for pre-arrest bail as they is apprehending arrest in connection with Kachua Police Station Case No. 81/2023 registered under Sections 304 B and 34 of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶3It is alleged that an FIR dated 06.05.2023 was lodged by the informant one Dipti Devi alleging that her daughter was married to the petitioner No. 1 and was the daughter-in-law of petitioners No. 2 & 3. After giving birth of a girl child, the petitioners started to torture her daughter stating that they wanted a baby boy not a girl child. On 29.04.2023, her daughter came to her house to narrate the tortures inflicted by the accused persons and thereafter, she refused to go back of her matrimonial house, house but on 02.05.2023 she was forcefully taken to her matrimonial home. On 03.05.2023 at night, the informant was intimated by the accused persons that her daughter consumed poison and she is in danger. Her daughter was taken to a hospital and on 04.05.2023, she expired. It is alleged that the informant suspects that the accused persons poisoned and killed her daughter.

¶4I have considered the submission that the petitioner No. 1 is on interim bail vide order dated 19.09.2023 and the petitioners No. 2 and 3 are on interim Page No.# 3/3 bail vide order dated 29.05.2023 passed by a Coordinate Bench of this Court. The petitioners No. 1, 2 and 3 have cooperated with the trial and their statements have already been recorded. Investigation has progressed to a considerable extent as per the Case Diary. It appears that custodial interrogation may not be required.

¶5Considering all aspects and in view of my foregoing discussions, the interim order dated 19.09.2023 in respect of petitioner No. 1 as well as the interim order dated 29.05.2023 in respect of the petitioners No. 2 and 3 are hereby made absolute. The petitioners No. 1, 2 and 3 are directed to abide by the bail conditions imposed upon them vide order dated 19.09.2023 and

29.05.2023 respectively.

¶6In the above terms, this Anticipatory Bail application stands disposed of.

¶7Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010114382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1881/2023o DIBYAJYOTIoNATHoANDo2oORSo S/O-oGOPALoNATH,oR/O-oVILL-oLONGIAP,oP.O.oBAITHALANGSHO,oPIN-o 782450,oP.S.oKACHUA,oDIST.-oNAGAON,oASSAM 2:oGOPALoNATH oS/O-oLATEoJOGESWARoNATH oR/O-oVILL-oLONGIAP oP.O.oBAITHALANGSHO oPIN-o782450 oP.S.oKACHUA oDIST.-oNAGAON oASSAM 3:oARATIoDEVI oW/O-oGOPALoNATH oR/O-oVILL-oLONGIAP oP.O.oBAITHALANGSHO oPIN-o782450 oP.S.oKACHUA oDIST.-oNAGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoP.P.,oASSAM AdvocateoforotheoPetitionerooooo:oMS.oGoBORAHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND