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2020 DIGILAW 127 (GAU)

Paban Chandra Goswami v. State Of Assam

2020-02-04

RUMI KUMARI PHUKAN

body2020
JUDGMENT 1. By filing this petition under Section 438 of the CrPC , petitioner Paban Chandra Goswami has sought for pre-arrest bail in connection with Kaliabor P.S. Case No.146/2019, under Sections 498/468 of the IPC. 2. Heard learned counsel for both sides and perused the record. 3. The allegation raised by the informant is that his wife i.e. accused No.1 in the FIR, Smti. Gitashree Goswami is living separately from the informant since about 7 years and now on 28.12.2019, he came to know that she has entered into marriage with another person, namely accused No.3, Gourik Sarma, with active assistance of accused No.2, i.e. the present petitioner, who is the father-in-law of the informant and father of the accused No.1. Allegation has also been raised that the wife of the informant has changed her name while entering into such marriage in a temple. 4. On due consideration of the matter, it reveals that the present petitioner being the father of the wife of the informant, cannot have any role on the marriage entered into by the wife of the informant, because all of them are major. 5. Having regard to the accusation, more particularly against the accused/ petitioner, who is aged 76 years, it appears that custodial detention of the accused/petitioner is not warranted. 6. Considering all the entity of the offence as alleged, the petitioner named above is allowed to go on pre-arrest bail of Rs.10,000/- with one surety of like amount, in the event of his arrest by the arresting officer in connection with Kaliabor P.S. Case No.146/2019, with further direction to the petitioner to appear before the I.O., within fifteen days from today and he will cooperate with investigation of the case.