Dijen Barman and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010248312024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3084/2024o DIJENoBARMANoANDoANRo S/OoLATEoGAJENoBARMAN,o R/OoVILLAGE-oSINGIMARI,oMAJORCHUPA,oPS.oHAJO,oDISTRICToKAMRUP,o ASSAM 2:oPRANJALoBARMAN oS/OoHARIoBARMANo R/OoVILLAGE-oSINGIMARI oMAJORCHUPA oPS.oHAJO oDISTRICToKAMRUP oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMDoSoALI,oMRoMoRAHMANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

19.12.2024

Heard the learned counsel Md. S. Ali appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Hajo P.S. Case No.448/2024, registered under Sections 292/ 329(3)/ 118(2)/ 109/ 351(2)(3) of BNS, 2023.

¶3The informant Bipul Barman had lodged an FIR stating that on 12.11.2024, the present two petitioners scolded his family members without any reason. At that time, the petitioner Dijen Barman was armed with a stick, allegedly trespassed into the house of the informant while he was not present in the house. Seeing Dijen Barman, the wife of Bipul Barman asked him not to come to her house. The second petitioner Pranjal Barman was shouting at the family members of the informant at that time and this way quarrel between them started. It is alleged that daughter of Dijen Barman who is the wife of Pranjal Barman, attacked the wife of Bipul Barman with a dagger. The wife of Bipul Barman was stabbed on her belly.

¶4Mr. Goswami has submitted that injured woman sustained stab injuries on lower part of her belly.

¶5On the basis of the materials available in the Case Diary, Mr. Goswami has objected to the bail prayer of the present petitioners.

¶6Mr. Ali has pointed out that the entire incident took place because of a rumour in Page No.# 3/3 the village. The rumour is that the daughter of Dijen Barman, who is also the wife of Pranjal Barman, had an illicit affair with the aforementioned informant Bipul Barman. Because of that rumour, Dijen Barman and Pranjal Barman had a quarrel with the family members of the informant. For this reason, the wife of Pranjal Barman became violent and she attacked the wife of Bipul Barman with a dagger.

¶7Mr. Ali further submits that both the parties have their house near each other. According to Mr. Ali, only because of the said rumour, the entire incident took place.

¶8I have considered the submissions made by the learned counsel of both sides.

¶9This Court is of the opinion that at this stage, for the aforesaid allegation, the petitioners do not deserve to be detained in custody. Accordingly, the pre-arrest bail application of the petitioners is allowed.

¶10It is hereby directed that in the event of arrest in connection with Hajo P.S. Case No.448/2024, registered under Sections 292/ 329(3)/ 118(2)/ 109/ 351(2)(3) of BNS, 2023, the petitioners, namely- (1) Dijen Barman and (2) Pranjal Barman, they shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of arresting authority.

¶11Both the petitioners shall co-operate with Police Investigating Officer as and when called for. With the above direction, the application for bail is disposed of.

JUDGE Comparing Assistant