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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA, J.
NEKIBUR ISLAM S/O SAMSUL HOQUE – Petitioner
Versus
THE STATE OF ASSAM – Respondent
AB No. 1824 of 2024
Decided On : 16-08-2024
BAIL - PRE-ARREST BAIL - The Court granted pre-arrest bail under Section 438 of the CrPC, emphasizing the lack of evidence in the case diary to support the allegation of abetment of suicide against the petitioners. The Court interpreted the necessity of substantial evidence to justify detention, leading to the decision to allow bail.
Fact of the Case:
The petitioners sought pre-arrest bail in connection with a case registered under Sections 306/34 of the IPC, following the suicide of a girl who was allegedly pressured for dowry by the petitioner.
Finding of the Court:
The Court found no materials in the case diary indicating that the petitioners had abetted the girl's suicide, concluding that their detention was unwarranted.
Issues: Whether the petitioners should be granted pre-arrest bail in light of the allegations of abetment of suicide and the evidence available.
Ratio Decidendi: The Court held that the absence of evidence in the case diary to substantiate the claims against the petitioners warranted the granting of pre-arrest bail.
Result: The Court allowed the pre-arrest bail application, directing the release of the petitioners on bail of Rs. 25,000/- each upon arrest.
ORDER
1. Heard Mr. B. Islam, the learned counsel appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam.
2. This is an application under Section 438 of the CrPC praying for grant of pre-arrest bail in connection with Moirabari P.S. Case No. 57/2024, registered under Sections 306/34 of the Indian Penal Code.
3. There was a talk of marriage between the daughter of the informant and the present petitioner no. 1. After some days, the petitioner demanded dowry. As the father of the girl failed to give dowry to the present petitioner, he refused to marry the girl. It is alleged that for that reason, the girl committed suicide by hanging.
4. Mr. Islam has pointed out that the petitioner no. 1 came to know that the girl was maintaining relationship with another boy of the village and therefore he refused to marry her.
5. The case diary does not contain any materials to suggest that the present petitioners have abetted the suicide of the said girl. Therefore, the petitioners do not deserve to be detained in custody. Their pre-arrest bail application is allowed.
6. It is hereby directed that in the event of arrest in connection with Moirabari P.S. Case No. 57/2024, registered under Sections 306/34 of the Indian Penal Code, the petitioners namely (1) Nekibur Islam and (2) Noinahar Begum shall be released on bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the arresting authority.
7. With the aforesaid direction, the application for bail is disposed of accordingly.
8. Return the case diary.
The Court established that pre-arrest bail can be granted when there is insufficient evidence to support allegations of abetment of suicide.
Court grants pre-arrest bail based on allegations of dowry-related torture leading to suicide, stressing judicial consideration during bail hearings.
A defendant may obtain pre-arrest bail when allegations lack sufficient evidential support for the invoked statutory provisions.
Matrimonial disputes are private conflicts and generally do not constitute public offenses warranting pre-arrest detention.
The court emphasized the victim's voluntary marriage and residence with the petitioner as critical elements for granting pre-arrest bail.
The requirement to establish abetment for the offence under Section 306 IPC and the lack of specific allegations against the accused influenced the court's decision to grant pre-arrest bail.
The court grants pre-arrest bail based on general allegations and mandates further inquiry into individual involvement.
Anticipatory bail granted under specified conditions in dowry-related offences, upholding legal standards.
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