Maniruddin Sk v. The State of Assam

ORDER Date : 21.10.2024

Heard Mr.M. Khan, learned counsel appearing for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Bongaigaon P.S. Case No. 338/2024.

¶3The complainant/girl was in love with the present petitioner for a period of 3 years. On Page No.# 2/2 the promise of marriage, he had physical relationship with her. The complainant had alleged that the petitioner at one point of time refused to marry her. She went to the house of the petitioner, where she was misbehaved by his family members.

¶4I have considered the submissions made by the learned counsels of both sides.

¶5It is a case of simple promise to marry and subsequent breach of marriage.

¶6It is a settled position of law that a simple promise to marry does not constitute misconception of fact as defined in law.

¶7For the aforesaid reasons, this Court is of the opinion that the petitioner does not deserve to be detained in custody.

¶8The pre-arrest bail application of the petitioner is allowed.

¶9It is hereby directed that in the event of arrest in connection with Bongaigaon P.S. Case No. 338/2024, the petitioner, Maniruddin Sk. shall be released on bail of Rs. 20,000/- to the satisfaction of the arresting authority.

¶10The petitioner is directed to co-operate with the Investigating Officer as and required.

¶11With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010218962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2787/2024 MANIRUDDIN SK S/O LATE AFAJUDDIN SK. R/O VILL- BAMUNITILA PT.III, P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA