Himangshu Dutta @ Himanish Dutta @ Biju Dutta v. State Of Assam
2022-11-30
ROBIN PHUKAN
body2022
DigiLaw.ai
ORDER : 1. Heard Mr. S.C. Biswas, learned counsel for the applicant and Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with CR Case No. 275/2021, under Sections 498[A]/34 of the IPC read with section 4 of the Dowry Prohibition Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Himangshu Dutta @ Himanish Dutta @ Biju Dutta, Aniruddha Dutta Purkaystha and Subhra Dutta, for grant of pre-arrest bail. 3. The aforementioned case has been registered on the basis of a complaint lodged by one Shikha Dutta [Ghosh] on 23.03.2021 to the effect that she got married with Himangshu Dutta @ Himanish Dutta @ Biju Dutta on 29.04.2018 as per Hindu Marriage Rights and thereafter they lived together with her husband accused No. 1 in his house and thereafter, her husband and his family members subjected her both physically and mentally and also demanded dowry. 4. Ms. Biswas, learned counsel submits that though summon has been issued by the learned court below to the applicants to appear before the court on 14.12.2022, yet the applicants have apprehension that since the case is registered under sections 498[A]/34 of the IPC read with section 4 of the Dowry Prohibition Act, and since both the offences are non-bailable they have apprehension that in the event of their appearance before the learned court below they may remand them to jail hazoot. Mr. Biswas further submits that the applicants are ready to participate in the trial and they are from Silchar and there is no chance of absconding, and therefore, it is contended to allow this petition. Mr. Biswas further submits that there is chance of re-conciliation before the parties also. 5. On the other Ms. Bora, learned Addl. PP has not opposed the petition. 6. Having heard the submission of learned counsel for both the parties I have carefully gone through the petition and the documents placed on record. 7. It is not in dispute that the offences under sections 498A/34 of the IPC read with section 4 of the Dowry Prohibition Act are non-bailable offences. 8.
PP has not opposed the petition. 6. Having heard the submission of learned counsel for both the parties I have carefully gone through the petition and the documents placed on record. 7. It is not in dispute that the offences under sections 498A/34 of the IPC read with section 4 of the Dowry Prohibition Act are non-bailable offences. 8. Further having regard to the nature of accusation and the punishment prescribed for the offences alleged as well as the submission of learned Advocates of both side, this Court is inclined to dispose of this petition by directing the applicants to appear before the learned court below on date fixed and to apply for regular bail and in the event of their appearance and filing an application for enlarging them on bail, the learned court below shall consider the same in accordance with law. 9. In terms of above this AB stands disposed of.