Saitendra Narzary v. The State of Assam

Page No.# 1/2 GAHC010238312024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3451/2024 SAITENDRA NARZARY S/O-ANANDA NARZARY, R/O-VILLAGE-NO-2 CHATIANGURI, P.S-BIJNI, DIST-CHIRANG ASSAM, PIN-783390 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. R K SARMA, MR J DAS,MR T CHAKRABORTY,MR. D CHOUDHURY Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

13.11.2024

Heard the learned counsel Mr. T. Chakraborty appearing for the petitioner. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Saitendra Narzary prayed for releasing him on bail after he was arrested in connection with Bijni P.S. Case No.148/2024 under Sections 64(1)/351(3) of the BNS, 2023.

¶3The petitioner fell in love with the informant and thereafter on 28.10.2024, he married her in a Temple. After that, the couple spent time in different hotels.

¶4They had physical relationship also. On 03.11.2024, the couple went to the house of the sister of the informant. After that, the present petitioner left the place on the pretext of some works. He did not return back. His mobile phone was also found switched off. In the meantime, one unknown person has informed her over phone that the petitioner had expired and also threatened to kill her.

¶5Mr. Chakraborty submits that the family members of the informant girl was not happy with the marriage. According to Mr. Chakraborty, the girl wanted the present petitioner to live in his own house and to start staying with her family. The petitioner did not agree to that. Therefore, the aforesaid incident took place.

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

¶7This is a simple tussle between the couple. For the aforesaid allegation, the petitioner no longer deserves to be detained in custody. His bail application is allowed.

¶8The petitioner Saitendra Narzary who was arrested in connection with Bijni P.S. Case No.148/2024 under Sections 64(1)/351(3) of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Chirang. With the aforesaid direction, the bail application is disposed of.

JUDGE Comparing Assistant