ORDER

25.02.2022 Heard Mr. A.M. Bora, learned Sr. counsel appearing for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam appearing for the State respondent and Mr. J. Payeng, learned counsel for the informant.

2. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Jonali Das, apprehending arrest in connection with Dispur P.S. Case No. 4575/2021 registered u/s

116/306/315/305 of the IPC.

3. The Case diary, as called for, is placed before the Court.

4. It may be mentioned that by order, dated 28.12.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.

5. Mr. A.M. Bora, learned Sr. counsel appearing for the petitioner, submits that as per one of the conditions of interim pre-arrest bail, the petitioner has appeared before the investigating officer and has given her statement in regard to the incident. Mr. Bora further submits that the petitioner is the Principal of Modern English School, Kahilipara, Guwahati and the suicide note allegedly left by the deceased, a student of class VIII, did not implicate the petitioner in any manner rather blamed herself for the depression she had undergone due to love relationship with a student of the same school and as both of them were caught together on 24.12.2021, thereupon, they were called by the Principal to make them understand about the school Rules and Regulations. Mr. Bora also submits that there is no element of abetment defined in Section 107 or 305 to attract the offence of Section 306 of the IPC.

6. Opposing the pre-arrest bail application, Mr. D. Das, learned Addl. Public Prosecutor, Gauhati High Court submits that in view of the prima facie implicating evidence so far collected by the investigating officer, the application may be rejected. In this context, Mr. Das has referred to the averments made in the affidavit-in-opposition/objection.

7. Mr. J. Payeng, learned counsel appearing for the informant through the learned Public Prosecutor, submits that due to rude behaviour of the petitioner, who rebuked the deceased pupil for her love relationship with a boy of the same th school, she out of extreme emotion committed suicide by jumping from the 5 floor of the school. Mr. Payeng further submits that on an earlier occasion too, another student of the school committed suicide in 2014. According to Mr. Payeng, if the petitioner is given the privilege of pre-arrest bail, she may likely to hamper the police investigation by influencing the material witnesses in the case.

8. At this stage, Mr. Borah, learned Sr. Counsel for the petitioner, submits that the petitioner was not the Principal of the school in 2014.

9. The F.I.R. lodged by one Ananta Deori before the Officer-in-Charge, Odalbakra Outpost, inter-alia, reveals the allegation that on 24.12.2021, he got an information that his daughter Jinjiri Deori, a student of Class VIII of Modern th English Medium High School had fallen from the 5 floor of the school building. The informant further alleged that he came to know that prior to the incident, she was called into the Principal’s chamber at around 11 a.m., where the Principal treated her in a certain way which terrified his daughter leading to mental trauma.

10. It may be mentioned that by an order, dated 28.01.2022, passed in Crl. Pet. No. 50/2022, a co-ordinate Bench stayed further proceeding in Dispur P.S.

Case No. 4575/2021.

11. The post-mortem report reveals the opinion that the cause of death of Jinjiri Deori, 14 years, was due to haemorrhage and shock as a result of injuries sustained over the thoraco-abdominal and pelvic injury. All the injuries were antemortem caused by blunt force impact.

12. It is noticed that the alleged suicide note left by the deceased does not have any reference to the petitioner and to the effect that due to her any unwarranted behaviour she committed suicide. She has blamed her some kind of frustrated relations