Sarbananda Pathak and Anr v. The State of Assam

ORDER Date : 10-01-2024

¶1Heard Mr. N.K. Kalita, learned counsel for the petitioners Sarbananda Page No.# 2/3 Pathak and Kanaklata Kalita.

¶2The petitioners namely Sarbananda Pathak and Kanaklata Kalita have filed this application under Section 438 of the Code of Criminal Procedure as they are apprehending arrest in connection with Satgaon Police Station Case No. 204/2023 under Sections 498(A)/307 Indian Penal Code read with Section 3/5 of Protection of Woman from Domestic Violence Act, 2005.

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

¶4I have considered the submissions at the bar.

¶5It is submitted on behalf of the petitioners that the prime accused is the husband of the informant. The present petitioners have been implicated in an omnibus manner. There is no specific allegation against the present petitioners. The petitioners are entitled to bail.

¶6I have also considered the submissions that the petitioners have appeared before the Investigating Officer and their statements have been recorded. The petitioners have cooperated with the investigation and they have not violated any bail conditions.

¶7The interim bail order dated 14.11.2023 is hereby made absolute.

¶8Send back the case diary.

Anticipatory Bail application stands disposed of in the above terms.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010252552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3757/2023 SARBANANDA PATHAK AND ANR S/O- LATE MAHESH PATHAK, R/O- H/NO. 06, PUBERUN PATH, BHAGARBORI, P.S. SATGAON, DIST. KAMRUP(M), ASSAM, PIN- 781037. 2: KANAKLATA KALITA W/O- SARBANANDA PATHAK R/O- H/NO. 06 PUBERUN PATH BHAGARBORI P.S. SATGAON DIST. KAMRUP(M) ASSAM PIN- 781037 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. N K KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND