Arnabjyoti Sutradhar v. The State of Assam

ORDER

30.08.2024

Heard Mr. A Ganguly, learned counsel for the petitioner as well as Mr. R R Kaushik, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner, namely, Arnabjyoti Sutradhar, for pre-arrest bail in connection with Sivasagar P.S. Case No. Page No.# 2/2 102/2024 under sections 420/376/506 IPC. The informant had love affairs with the petitioner. They had physical relationship in different places of the State. It is alleged that, finally, the petitioner refused to marry the informant. It is a settled position of law that simple promise of marry without anything more does not constitute an offence of cheating or rape. Therefore, this court is of the opinion that for the allegation brought against the petitioner, the petitioner does not deserve custodial interrogation. Accordingly, it is directed that in the event of arrest of the petitioner, namely, Arnabjyoti Sutradhar in connection with Sivasagar P.S. Case No. 102/2024 under sections 420/376/506 IPC, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within next 10 (ten) days and shall cooperate with the investigation as and when required. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010176902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2272/2024 ARNABJYOTI SUTRADHAR S/O GUNAJIT SUTRADHAR, RESIDENT OF HOUSE NO. 21, SHANTI NAGAR PATH, NO. 2, MATHGHARIA, NOONMATI, GUWAHATI, KAMRUP M ASSAM 781020 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A GANGULY, MR T CHHETRI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA