Jaydeb Roy @ Madhabananda Roy and 3 Ors v. The State of Assam

ORDER Date : 06.12.2024

Heard Mr.R.P. Hazarika, learned counsel appearing for the petitioners, Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the state of Assam and Ms. S.G. Baruah, learned counsel appearing for the informant.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners in respect of Gauripur PS Case No. 230/2024.

¶3The deceased worked as a Security Guard. The informant is his wife. They have young child also. The wife of the deceased has alleged that the petitioners, being her father-in-law, brother-in-law and maid had physically and mentally harassed her for a long time. One day she discovered that the body of her husband was lying on the floor of the room.

¶4According to Mr. Kaushik, as there was a property dispute between the brothers and the other members of the family and the deceased had supported the decision taken by the family, but his wife was against the decision of the family.

¶5Ms. Baruah submits that the informant was physically and mentally harassed for a long time. As a result of which, her husband had committed suicide.

¶6The medical report available in the case diary shows that the deceased died because of ante mortem hanging. Page No.# 3/3

¶7I have considered the submissions made by the learned counsels of both sides.

¶8This Court is of the opinion that under the given circumstances of the case, the petitioners do not deserve to be detained in custody.

¶9Therefore, the bail application of the petitioners is allowed.

¶10It is hereby directed that in the event of arrest in connection with Gauripur PS Case No. 230/2024, the petitioners, Jaydeb Roy @ Madhabananda Roy, Prasadi Ray, Harekrishna Ray and 4. Astami Ray shall be released on bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶11All the four petitioners are directed to appear before the Investigating Officer as and when called for.

¶12With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010237702024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3048/2024o JAYDEBoROYo@oMADHABANANDAoROYoANDo3oORSo S/OoSHYAMANANDAoRAYoSARKARo VILL-oSARPAMARIo P.O.oBORJANo P.S.oTAMARHAT,o DIST.oDHUBRI,oASSAM 2:oPRASADIoRAY oW/OoPUNESHWARoRAYo VILL-oRUPESHWARoRAYo VILL-oRUPASHIo(AM)oKHANDAo P.O.oGAURIPURo P.S.oGAURIPURo DIST.oKOKRAJHAR oASSAM 3:oHAREKRISHNAoRAY oS/OLT.oKUNDUoRAMoRAYo VILL-oDUMARDAHAo(PART-3) o P.S.oGAURIPURo DIST.oDHUBRI oASSAM 4:oASTAMIoRAY oW/OoMADHABANANDAoRAYo VILL-oSARPAMARIo P.O.oBORJANo P.S.oTAMARHAT o DIST.oDHUBRI oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R P HAZARIKA, D LASKAR Advocate for the Respondent : PP, ASSAM, MR B SAIKIA(INFORMANT),MR. S NEOG(INFORMANT),MS. S G BARUAH(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA