Allowed

Bitumoni Borah and 2 Ors. v. the State of Assam

Gauhati HC4 Oct 2021AB/2400/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to petitioners charged with abetment to suicide and other offences. Order was based on a suicide note implicating the victim's mother and lack of specific evidence against petitioners.

What did the court decide?

Pre-arrest bail granted; interim protection of Petitioners 2 and 3 made absolute; Petitioner 1 released on bail if arrested upon furnishing bond of Rs. 20,000.

Bitumoni Borah and 2 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010123162021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2400/2021

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BITUMONI BORAH AND 2 ORS. S/O SONADHAR BORAH R/O VILL- BORPOTHORI, SUTARGAON P.S. NAGAON SADAR DIST. NAGAON, ASSAM PIN-782003

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2: SONADHAR BORAH S/O LATE TIKHAR CH. BORAH R/O VILL- BORPOTHORI SUTARGAON P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN-782003

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3: SMTI. SONAMONI BORAH W/O SONADHAR BORAH R/O VILL- BORPOTHORI SUTARGAON P.S. NAGAON SADAR DIST. NAGAON ASSAM, PIN-78200

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R GOSWAMI

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/4

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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04-10-2021

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This is an application made under Section 438 Cr.P.C., seeking prearrest bail by the petitioners, namely, 1. Bitumoni Borah, 2. Sonadhar Borah and 3. Smt. Sonamoni Borah, apprehending arrest in connection with Nagaon Police Station Case No. 1795 of 2021, registered under Section 306 of the IPC, read with Section 66(E)/67 of the I.T. Act.

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Heard Mr. R. Goswami, learned counsel for the petitioners. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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The fact of the case is that the deceased, a 15 years old girl and a student of Class-X, was in love with the accused petitioner No.1. They were exchanging messages through phones and were in touch that way. The accused petitioner is alleged in the FIR to have also threatened the victim to viral some objectionable photographs. It has also been alleged in the FIR that the victim was threatened by the accused petitioner No.1, which she has disclosed to the informant in the last week i.e. before the lodging of the FIR.

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The petitioner Nos.2 and 3 are respectively the father and the mother of the accused petitioner No.1 and they are alleged to have committed the offence of abatement. It has further been alleged in the FIR that on 4.8.2021 at around 6 P.M., the victim committed suicide by hanging.

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I have perused the case diary produced including the suicide note left behind by the deceased. In the long but specific suicide note, the victim appears to have not implicated any of the accused petitioners, rather in so many words, she has implicated her mother/ the informant of subjecting her to torture prior to the date of occurrence due to the reason that she was in love with the accused petitioner No.1 and had exchanged messages in mobile phones.

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In the absence of any specific evidence collected against the petitioners and in view of the suicide note, referred to above, this Court is inclined to grant the privilege of pre-arrest bail to the petitioners.

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Accordingly, the interim protection granted to the petitioner Nos.2 and 3, vide order dated 20.08.2021, is made absolute by this order on the same terms and conditions.

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In so far as petitioner No.1 – Bitumoni Borah is concerned, it is provided that in the event of arrest of the petitioner No.1 above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.20,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner No.1:

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(a) shall appear before the Investigating Police Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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Page No.# 4/4

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(c) 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 Court or to any police officer.

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The copy of the suicide note produced by the learned Additional Public Prosecutor before the Court, shall be kept on record of the case.

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The anticipatory bail application stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Bitumoni Borah and 2 Ors. v. the State of Assam

Case brief

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Bitumoni Borah and 2 Ors. v. the State of Assam

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