Lakheswar Nath v. The State of Assam

ORDER Date : 22.10.2024

Heard Mr. N. Mahajan, learned counsel appearing for the petitioner as well as Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for releasing the petitioner, Lakheswar Nath on bail, after he was arrested in connection with Missamari P.S. Case No. 69/2024.

¶3The informant lady was in love with the present petitioner. Therefore, their family members Page No.# 2/2 decided to solemnize their marriage. Thereafter, the informant and the present petitioner had physical relationship and the informant became pregnant. It is alleged in the FIR that after that, the petitioner started to avoid the informant. Finally, on 16.06.2024, the informant gave birth to a female child in a hospital. The petitioner got that news and came to see the informant. Thereafter, the informant allegedly disappeared from the hospital.

¶4The case diary reveals the same incident as alleged in the FIR.

¶5Mr. Mahajan submits that the petitioner had suspected that the baby was not fathered by him and that is the reason why he avoided the informant.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7The petitioner has already spent 81 days in judicial custody.

¶8This Court is of the opinion that under the given facts and circumstances of the case the period of detention already undergone by the petitioner shall be taken as the ground for releasing him on bail.

¶9Therefore, the bail application of the petitioner is allowed.

¶10It is hereby directed that the petitioner, Lakheswar Nath shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur at Tezpur.

¶11The bail application stands disposed of accordingly. The CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010217862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3186/2024 LAKHESWAR NATH S/O LATE DHARMESWAR NATH, R/O MAZ ROWMARI, P.S.-DHEKIAJULI, DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D BORA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA