Allowed

Mainul Haque Barbhuiya@ Boro Khukan v. the State of Assam

Gauhati HC3 Dec 2021AB/4051/2021

Case brief

AI extract

What is this about?

High Court granted interim pre-arrest bail to petitioner in anticipation of arrest regarding a land dispute case. Court held custodial interrogation unnecessary as matter is civil in nature and disposed of petition.

What did the court decide?

Petitioner allowed to go on interim pre-arrest bail on furnishing a bond with a local surety and to cooperate with investigation.

Mainul Haque Barbhuiya@ Boro Khukan Vs the State of Assam — Anticipatory Bail | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010206942021

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

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Case No. : AB/4051/2021

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MAINUL HAQUE BARBHUIYA@ BORO KHUKAN S/O. LT. ABDUL LATIF BARBHUIYA, R/O. RONGPUR PART-I, (ARKATIPUR THIMATHA) P.S. SILCHAR SADAR, DIST. CACHAR, ASSAM.

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VERSUS

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

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Advocate for the Petitioner : MR. N H LASKAR

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Advocate for the Respondent : PP, ASSAM

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:: BEFORE ::

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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03.12.2021

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By filing this petition under Section 438 of the CrPC, the petitioner, namely- Mainul Haque Barbhuiya @ Boro Khukan has sought for pre-arrest bail

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Page No.# 2/2

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in connection with Silchar P.S. Case No.3671/2021, under Section 120(B)/ 420/447/294/506 IPC.

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Heard the learned counsel for the petitioner as well as the learned Addl. Public prosecutor, Assam.

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The contents of the FIR reflects that there is a land dispute between the parties and it is alleged that the petitioner intends to grab the land of the informant and also attempted to assault him.

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As it appears from the entirety of the allegation that the matter relates to land dispute, which is civil in nature and the informant can redress his grievance by pursuing the matter in the civil forum. But in spite of approaching the said forum, he has filed the impugned FIR.

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In such nature of offences, custodial interrogation of the petitioner appears to be not at all warranted and accordingly, his prayer for pre-arrest bail can be dispensed with.

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In that view of the matter, the petitioner named above is allowed to go on interim pre-arrest bail in the event of his arrest on furnishing bail bond of `20,000/- with one local surety of like amount to the satisfaction of the arresting authority (I/O) with direction to co-operate with the investigation as and when called for.

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The petition stands disposed of.

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JUDGE

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Comparing Assistant

Mainul Haque Barbhuiya@ Boro Khukan v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mainul Haque Barbhuiya@ Boro Khukan v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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