Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 24 November, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010144842021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2325/2021
MAHADEV BARMAN AND 2 ORS.
S/O SRI DAMBARUDHAR BARMAN
R/O BHALAGURI
P.S. PATACHARKUCHI
DIST. BAJALI, ASSAM
2: DIGANTA BARMAN
S/O SRI DAMBARUDHAR BARMAN
R/O BHALAGURI
P.S. PATACHARKUCHI
DIST. BAJALI
ASSAM
3: SRI DAMBARUDHAR BARMAN
S/O LATE HARIPAD BARMAN
R/O BHALAGURI
P.S. PATACHARKUCHI
DIST. BAJALI
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N K KALITA
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
24.11.2021 Heard Mr. N.K. Kalita, learned counsel for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioners, namely
1) Mahadev Barman 2) Diganta Barman and 3) Dambarudhar Barman have prayed for grant of bail in connection with Patacharkuchi P.S. Case No. 443/2021 u/s 304B/34 of the IPC (corresponding to G.R. Case No. 632/2021).
The case diary, as called for, is placed before the Court.
The brief fact of the case is that on 03.09.2021, the informant lodged an FIR stating, inter-alia, that his sister was married to the accused petitioner No. 1 six years ago. Since after her marriage, she was subjected to mental and physical torture by the FIR named accused persons on demand of dowry. It is alleged that on 02.09.2021 at about 6.30 p.m., the informant's sister was forced to jump into a pond and end her life along with her minor son.
The accused petitioners have been in judicial custody since 04.09.2021, that is, for 81 days.
The PM reports show that the cause of death of the deceased persons was due to asphyxia as a result of ante-mortem drowning.
Page No.# 3/3 Perusal of the case diary reveals prima facie incriminating material against the accused petitioners. However, considering the length of detention and substantial progress in investigation, this Court is of the opinion that further continuation of their detention is not required in the interest of the ongoing investigation into the case.
Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) each with one surety of like amount to the satisfaction of the learned S.D.J.M., Bajali subject to the following conditions-
i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required; and
ii) That the accused/petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant