Mridul Nath and 2 Ors v. State of Assam

ORDER Date : 27.08.2024 Heard Mr. K.K. Deka, the learned counsel appearing for the petitioners as well as Mr. D.P. Goswami, the learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner in respect of Patacharkuchi P.S. Case No.151/2024.

¶3The informant was maintaining a relationship with Mridul Nath for a period of 9 years. Within that period they had physical relationship on multiple occasions. At one point of time the petitioner Mridul Nath secured a government job and after joining service, he started to avoid the girl. The girl was mentally suffering. On one occasion, Mridul Nath allegedly gave a written undertaking in presence of his brother and father that he would marry the informant, but he did not marry her.

¶4In her statement recorded u/s 183 of the BNSS, 2023, she has claimed that Mridul Nath has married her in a temple.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The informant has projected a case of cheating and she has roped in the entire family members of Mridul Nath, but in her statement recorded u/s 183 of the BNSS, 2023, she has stated before the Magistrate that Mridul Nath has married her in a temple.

¶7Since Mridul Nath has married the informant, there is no case against Mridul Nath and his family members.

¶8Considering the aforesaid facts, this Court is of the opinion that the petitioner, Mridul Nath, his father Hemanta Kumar Nath and his brother Bhrigu Kumar Nath do not deserve to be detained in custody. Therefore, their bail application is allowed.

¶9It is hereby directed that in the event of arrest in connection with Patacharkuchi P.S. Case No.151/2024, the petitioners, namely, Mridul Nath, Hemanta Kumar Nath and Bhrigu Kumar Nath shall be released on bail of Rs. 20,000/- each with a surety of like amount to the Page No.# 3/3 satisfaction of the arresting authority. They shall co-operate with the Investigating Officer as and when required.

¶10The bail application stands disposed of. The case diary shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010149682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1953/2024o MRIDULoNATHoANDo2oORS.o S/OoSRIoHEMANTAoKUMARoNATH,oR/OoJAKHLAIPARA,oSIMALAGURI,oP.O.- SIMALAGURI,oP.S.-GOBARDHANA,oDIST-oBAKSAo(BTR),oASSAM 2:oHEMANTAoKUMARoNATH oS/OoLATEoBHAIRABoCHAN.oNATH oR/OoJAKHLAIPARA oSIMALAGURI oP.O.-SIMALAGURI oP.S.-GOBARDHANA oDIST-oBAKSAo(BTR) oASSAM 3:oBHRIGUoKUMARoNATH oS/OoSRIoHEMANTAoKUMARoNATH oR/OoJAKHLAIPARA oSIMALAGURI oP.O.-SIMALAGURI oP.S.-GOBARDHANA oDIST-oBAKSAo(BTR) oASSAo VERSUSo STATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oKoKoDEKA,oMSoDoRABHAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA