Smti Dulan Dey @ Arpana Dey v. The State of Assam

ORDER Date : 06-09-2024

Heard Mr. R.P. Sarmah, learned Senior counsel for the petitioner Smti. Dulan Dey @ Arpana Dey. Page No.# 2/3

¶2The petitioner has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as she is apprehending arrest in connection with Missamari Police Station Case No. 18/2024 (corresponding to GR Case No. 426/2024) under Sections 302/34 of the Indian Penal Code, 1860.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4I have considered the submissions at the bar with circumspection.

¶5The allegation against the petitioner is that their housemaid's body was found over the septic tank of their house on 27.02.2023. It is further alleged through the FIR that the complainant was informed about disappearance of the victim and on the following day, the body of the victim was found.

¶6I have scrutinized the Case Diary. The merits of the case are not brought to the fore as investigation is still under progress. It appears that custodial interrogation may not be required for the progress of investigation. I have considered the submissions on behalf of the petitioner that the petitioner is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon her.

¶7Considering all aspects, petition is allowed. In the event of her arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :

(i) The petitioner shall appear before the Investigating Officer within one week. Page No.# 3/3

(ii) The petitioner shall not tamper with the evidence.

(iii) The petitioner shall not influence the witnesses.

(iv) The petitioner shall not leave the jurisdiction of the Court without prior permission.

(v) The petitioner shall appear before the Investigating Officer on every fortnight and cooperate with investigation.

¶8On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶9In terms of the above observation, this Bail Application stands disposed of.

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010175722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1701/2024 SMTI DULAN DEY @ ARPANA DEY W/O SHRI DIBAKAR DEY R/O VILL- PATIDOI BHERELA P.O. AND P.S.-MISSAMARI DIST-SONITPUR ASSAM PIN-784506 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. R P SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND