Gauhati High Court
Smti Jyoti Das @ Mami Das vs The State Of Assam on 12 January, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010002582021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/42/2021
SMTI JYOTI DAS @ MAMI DAS
W/O SRI ROBIN DAS, R/O NATUN MELENG GAON, P.O.-BORKHELIA, P.S.-
TEOK, DIST-JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
12.01.2021 Heard Mr. P.K. Munir, learned counsel for the petitioner and Mr. B.J. Dutta, learned Additional Public Prosecutor for the respondent, State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Smti Jyoti Das @ Mami Das, has approached this Court seeking the benefit of pre-arrest bail, apprehending her arrest in connection with Teok Police Station Case no.
Page No.# 2/3 854/2020 registered for offences under Sections 120B/304B/34, Indian Penal Code (IPC).
3. In the First Information Report (FIR) lodged on 11.12.2020, the informant has mentioned that the marriage of his daughter was solemnized with one Rajib Das on 10.09.2015. In the said FIR, apart from Rajib Das, the informant has named 4 (four) other persons as accused including the present petitioner who is the mother of Rajib Das. The father, sister and a brother of Rajib Das have been named in the FIR as accused. It has been alleged that on 10.12.2020, the daughter of the informant was killed by her husband and his family members.
4. It is submitted on behalf of the petitioner, by referring to Annexure-2 to this application, that the deceased had complicated pregnancy and she gave birth to a child on 17.11.2020 and after the delivery of child the health of the deceased deteriorated due to post pregnancy complications and she was admitted in Jorhat Medical College and Hospital (JMCH). It was in the JMCH the deceased breathed her last on 11.12.2020. It has been submitted that the main accused viz. Rajib Das and his brother, Ratan Das have already been arrested and are in custody as on date.
5. Let the case be posted on 12.02.2021 to enable the learned Additional Public Prosecutor to produce the case diary.
6. Upon due consideration of the accusations made in the FIR and the case projected on behalf of the petitioner, it is provided, in the interim, that in the event of arrest of the petitioner in connection with Teok Police Station Case no. 854/2020, she shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority, subject to the conditions that :-
[1] the petitioner shall appear before the Investigating Officer of Teok Police Station Case no. 854/2020 before Teok Police Station within 10 (ten) days from today and shall co-operate with the further investigation of the case;
[3] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer.
Page No.# 3/3 [4] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
List the case accordingly on 12.02.2021.
JUDGE Comparing Assistant