AB/4955/2012 of BIREN DAS and 5 ORS Vs THE STATE OF ASSAM on 21 December 2012

Arguments

AB 4955/2012BEFORE

HON’BLE MR. JUSTICE A.C. UPADHYAY

This is an application filed under Section 438 CrPC seeking release of the petitioners herein on pre-arrest bail in the event of their arrest in connection withBongaigaon PS Case No.408/2012 under Section 143/365/506 of IPC.

Perused the case diary and materials on record.

Heard Mr. AM Barbhuiya, learned counsel for the petitioners and Mr. BS Sinha, learned Addl. Public Prosecutor.

The FIR was lodged by the first informant alleging kidnapping of her husband by his parents.

Learned counsel for the petitioners submits that the husband of the first informant has already been recovered and they are at present living together peacefully as husband and wife.

Considering the above and statement of the victim recorded under the provision of Section 164 of CrPC, I am of the view that the petitioners can be extended theprivilege of pre-arrest bail in connection with the case and in the event of their release on pre-arrest bail, further investigation would not be adversely affected.

Accordingly, the interim order passed by this Court on 4.12.2012 is hereby made absolute on condition that the petitioners shall appear before the I/O of the case, as and when required in connection with the case. Bail application stands disposed of.