Dhrubojyoti Dutta and Anr v. The State of Assam

ORDER 17-12-2024 Heard Mr. H Mazumdar, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2Apprehending their arrest, the petitioners, namely, (i) Sri Dhrubojyoti Dutta, son of Mangalmoy Dutta and (ii) Smti Moni Das Dutta, wife of Mangalmay Dutta, both resident of Ward No. 2, Hill View, Forest Gate, Police Station-Margherita, District-Tinsukia have filed this application under Section 482 BNSS, 2023, seeking pre arrest bail in Women Police Station Case No. 56/2024 registered under Sections 82(1)/85 of BNS, 2023, corresponding to G.R. No. 6783/2024.

¶3The Court by order dated 03.12.2024 granted interim bail to the petitioners, pursuant to which, they appeared before the concerned Investigating Officer of the case and their statements were accordingly recorded.

¶4Mr. B Sarma, learned APP, Assam from the case diary has submitted that the case is a matrimonial dispute between the petitioners and the informant of the case.

¶5Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioners is not warranted for investigation of said Women Police Station Case No. 56/2024. As such, this pre arrest bail application of the petitioners is accepted.

¶6Accordingly, the interim pre-arrest bail granted to the petitioners on 03.12.2024 in said Women Police Station Case No. 56/2024, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the said order dated 03.12.2024, noted above.

¶7Any violation of the terms and conditions as specified in the order dated 03.12.2024, noted above, by the petitioners, namely, (i) Sri Dhrubojyoti Dutta and (ii) Smti Moni Das Dutta, the pre-arrest bail granted to them in the aforementioned Women Police Station Case No. 56/2024 shall stand automatically vacated.

¶8This pre-arrest bail application accordingly stands disposed of. Page No.# 3/3

¶9Return the case diary herewith.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010254822024 ooooooo 2024:GAU-AS:12854 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3162/2024o DHRUBOJYOTIoDUTTAoANDoANRo S/OoMANGALMOYoDUTTAo R/OoWARDoNO.o2,oHILLoVIEW,oFORESToGATE,oP.O.ANDoP.S.oMARGHERITA,o DIST.oTINSUKIA,oASSAM,oPIN-786181 2:oMONIoDASoDUTTA oW/OoMANGALMAYoDUTTAo R/OoWARDoNO.o2 oHILLoVIEW oFORESToGATE o P.O.oANDoP.S.oMARGHERITA oDIST.oTINSUKIA oASSAM o PIN-78618o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoBoPoBORAH,oMR.oAoKHANDAKAR,MRoHoMAZUMDER,MRo PoJoDUTTAo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK