Allowed

Raijing Boro v. the State of Assam

Gauhati HC10 Aug 2022AB/2085/2022

Case brief

AI extract

What is this about?

Single judge granted anticipatory bail to petitioner in domestic violence case alleging physical and mental cruelty under Section 498A IPC. Court held custodial interrogation unnecessary as petitioner cooperated and released interim protection to absolute status subject to existing conditions.

What did the court decide?

Interim protection granted by order dated 29.07.2022 made absolute, subject to existing conditions; bail application disposed of.

Raijing Boro Vs the State of Assam — Domestic Violence | Gauhati HC (2022)

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GAHC010146172022

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

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Case No. : AB/2085/2022

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RAIJING BORO

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S/O- LATE KABIKANTA BORO, R/O- VILL.- GOSSAIPARA, P.S. BOKO, DIST. KAMRUP, ASSAM, PIN- 781123.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER

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10.08.2022

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Heard Mr. T. Deuri, learned counsel for the petitioner and Mr. K.K. Parasar, learned Additional Public Prosecutor for respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Shri Raijing Boro has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Boko Police Station Case no. 301/2022 registered under Section 498A, Indian Penal Code [IPC].

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In the First Information Report [FIR], registered on 06.07.2022, the informant has

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named 3 [three] persons as accused including the petitioner. In the said FIR, the informant has inter alia alleged that during the 6 [six] years of her marital life, her husband and parents-in-law had inflicted physical and mental cruelty upon her on the premise that she could not give birth to a child and she was bearing all the tortures with the hope that the situation would improve in course of time.

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The petitioner who is the husband of the informant, was granted interim protection by order dated 29.07.2022 with the direction to make himself available for interrogation by the Investigating Officer [I.O.] of the case. The petitioner has accordingly appeared before the I.O. and his statement recorded under Section 161, CrPC is available in the case diary, produced by the learned Additional Public Prosecutor.

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Having regard to the allegations made in the FIR which are general in nature and considering the fact that the petitioner has appeared before the I.O. of the case, thereby, joined the investigation to assist further investigation of the case, this Court is of the considered view that custodial interrogation of the petitioner for the purpose of carrying out further investigation, is not necessary and his release on pre-arrest bail, at this stage of investigation, is not likely to impede the course of further investigation of the case, provided he continues to extend his assistance and co-operation in the further investigation of the case.

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Accordingly, the interim protection granted to the petitioner by order dated 29.07.2022, is hereby made absolute, subject to the conditions – [i], [ii] & [iii] mentioned in the order dated 29.07.2022.

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The bail application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Raijing Boro v. the State of Assam

Case brief

What is this about?

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Raijing Boro v. the State of Assam

Case brief

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