Gauhati High Court
Gajen Chandra Nath vs The State Of Assam on 16 December, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010196142021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3884/2021
GAJEN CHANDRA NATH
S/O LATE MANGAL SINGH NATH
R/O MATHARBORI
P.O. RAMJUNGATI, P.S. RAHA
DIST. NAGAON, ASSAM, PIN-782103
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P K MAZUMDAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
16.12.2021 Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
Page No.# 2/3 This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Gajen Chandra Nath, apprehending arrest in connection with Raha P.S. Case No. 300/2021 registered u/s 494/326/307/202/506/447/354/509/382/34 of the IPC.
The Case diary, as called for, is placed before the Court.
The FIR reveals the allegation that the petitioner married the informant's daughter on 12.05.2018 hiding the fact that he was married twice in the years 2008 and 2011 and out of that wedlock he had children. When the informant's family and his daughter came to know about the truth and made complaint before him, on 11.06.2021, he assaulted the informant's daughter with a dao and thereafter, gave her sleeping injection. The petitioner also threatened the informant and his family members who went to take the victim woman from his house. On 08.09.2021, the petitioner and his mother drove the victim out of his home. It is further alleged that on 09.09.2021 at about 6.30 p.m., two unknown youth, sent by the petitioner forcefully entered into the informant's house and forced his daughter to sign on four blank stamp papers. On refusal being made by her, they started beating her and made her unconscious. The accused persons also snatched away a gold chain of the informant and threatened to kill.
Perusal of the case diary reveals prima facie evidence to show that the petitioner who is a doctor by profession had been perpetrating physical and mental cruelty of serious nature on the victim woman. The Investigation is yet to be completed.
The medical report also shows injuries on the person of the victim woman.
In the backdrop of facts and evidence available on the case diary, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner.
Page No.# 3/3 Accordingly, the pre-arrest bail application stands rejected.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE Comparing Assistant