Dr. Shobhana Nayak Rao and Anr v. The State of Assam

ORDER Date : 23.05.2023

Heard Mr. A. M. Bora, learned senior counsel assisted by Mr. V. A. Chowdhury, learned counsel appears for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam and Mr. O. Laskar, learned counsel appears for respondent No.2.

¶2This Anticipatory bail petition has been filed by the petitioners namely, 1. Dr. Shobhana Nayak Rao and 2. Dr. Arpita Panchal apprehending arrest in connection with Changsari Police Station case No. 275/22 registered under Sections 306/34 of IPC. It is submitted that by an FIR dated

16.07.2022 lodged by the informant, one Hitesh Deka, allegations were made against the petitioners that they had tortured his wife at the work place because of which she committed suicide.

¶3This Court vide order dated 20.07.2022 while calling for case diary had granted interim bail to the petitioners.

¶4The interim bail granted had in the meantime been extended by subsequent orders.

¶5It is submitted by the learned Additional P.P that charge-sheet in the meantime had been filed in the matter. The Page No.# 3/4 learned counsels have been heard. Pleadings on record have been carefully perused.

¶6This Court vide order dated 20.07.2022 while granting interim bail had laid down certain conditions which the petitioners were directed to comply with. No materials has been placed before this Court to show that any or all of these conditions have not been complied with by the petitioners pursuant to grant of interim bail vide earlier order dated

20.07.2022 passed by this Court. Although it is submitted that charge-sheet had been filed in the matter, no useful purpose will be served by relegating the petitioners to appear before the Trial Court and apply for regular bail in view of the fact that this Court vide order dated 05.01.2023 passed in Crl.Pet.02/2023 has stayed the further proceedings of PRC Case no.614/2022 pending in the Court of Judicial Magistrate First Class, Kamrup, Amingaon and all further proceedings of Changsari Police Station Case No. 275/2022 under Section 306/34 of IPC. The said interim order is presently operating.

¶7In that view of the matter this Court is the considered opinion that the interim bail granted to the petitioners vide order dated 20.07.2022 can be made absolute on the same terms and conditions.

¶8If any of these conditions are found to be violated by the petitioners, the Investigating officer will be at liberty to apply for cancellation of the bail granted. Page No.# 4/4

¶9Accordingly, the anticipatory bail petition is disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010139752022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1988/2022 DR. SHOBHANA NAYAK RAO AND ANR D/O G.A. NAYAK PRESENTLY R/O APARTMENT A2, 6TH FLOOR, ASTER BLOCK, SYNDICATE ORCHID APARTMENT, HENGRABARI ROAD, PIN-781006, P.S. DISPUR, DIST. KAMRUP (M), ASSAM PERMANENT R/O 532, 9TH CROSS, JAYANAGAR, 7TH BLOCK WEST, BANGALORE, PIN-560070 2: DR ARPITA PANCHAL D/O LATE RAMESH CHOUKSEY R/O F-202 UNIVERSAL APARTMENT BETKUCHI GUWAHATI PIN-781040 DIST. KAMRUP (METRO) ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BORA Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA