Mrinal Saikia and 2 Ors v. The State of Assam

ORDER Date : 12.08.2024 Heard Mr. M. Hoque, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2

¶2This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, praying for granting of pre-arrest bail in respect of P.R.C. No. 2028/2023 pending in the Court of learned Sub-Divisional Judicial Magistrate(S) Darrang, Mangaldai, Assam.

¶3On the basis of an FIR lodged by Bhabeswari Saikia, police registered the Case being Sipajhar P.S. Case No.221/2020 under Sections 447/427/294/326/307/34 of the Indian Penal Code. Ultimately, police filed the Final Report of the aforesaid case. Thereafter, the informant filed an objection petition before the learned Magistrate and the learned Magistrate issued summons to the petitioners.

¶4The petitioners now apprehend that on his appearance before the Court below, he will be remanded to custody.

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

¶6The petitioners are interested in facing trial in connection with the aforesaid case. Therefore, it is directed that on his appearance before the learned Sub-Divisional Judicial Magistrate(S) Darrang, Mangaldai, the petitioners, namely, (1) Mrinal Saikia, (2) Ramani Saikia and (3) Pona Saikia, they shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate(S) Darrang, Mangaldai.

¶7With the aforesaid direction the bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010158132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2082/2024 MRINAL SAIKIA AND 2 ORS S/O PONA SAIKIA 2: RAMANI SAIKIA S/O PONA SAIKIA 3: PONA SAIKIA S/O LATE BHUMIDHAR SAIKIA ALL ARE RESIDENTS OF VILL- HAZARIKAPARA P.S. SIPAJHAR DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA