ORDER

Date : 05-08-2020 Heard Mr. J. P. Das, learned counsel for the petitioner. Also heard Mr. R. J.

Baruah learned Addl. P.P. appearing for the State of Assam.

This is an application, filed under Section 438 Cr.P.C., seeking pre-arrest bail apprehending arrest in connection with All Women P.S Case No. 62/2020 under Section 498(A) IPC which was registered on the basis of an FIR dated 26.05.2020 filed by the informant.

The allegations made in the FIR are that the petitioner, who is the husband of the informant had caused mental and physical torture on the informant along with his family members comprising of his parents and sister. According to the informant, her marriage with the petitioner was solemnized on 01.03.2018 in Lakhimpur. The informant at the relevant point of time was working in SBI, Lakhimpur Branch while the petitioner is working in a private establishment in Guwahati.

The informant alleges in the FIR that right after their marriage differences arose between the informant and her husband/petitioner along with his family members, namely, her in-laws. The petitioner and his family members have constantly inflicted verbal abuses and frequently insulted the informant and her parents on various grounds.

The informant alleged in the FIR that the husband/petitioner started abusing her in her working hours at the office and repeatedly tortured her through messages and phone calls abusing her and insulting her as a characterless lady while making false allegations about the informant having relationship with her colleague and for which reason the petitioner and his family alleged that the informant had deliberately delayed the process of her transfer from Lakhimpur to Guwahati. The informant further states in the FIR that because of her inability to obtain her transfer from Lakhimpur to Guwahati, her in-laws had suggested that they should proceed for divorce/dissolution of the marriage between the informant and the petitioner. Subsequently, she managed to take transfer from Lakhimpur to Guwahati Branch. The informant states that the petitioner lost his job in the month of April, 2018 because of his inefficient performance and continuous extension of leave which he had obtained because of a knee injury. The informant stated that during those days she had consistently stood by him and encouraged him to study and apply for a better job. The informant also stated she had incurred substantial expenses for the treatment of the petitioner. In spite of that there was a constant complaint by the petitioner and his family members that the informant did not spend any money on the family. The informant’s in-laws consistently demanded for more money and because of which frequent quarrels resulted between the petitioner and the informant. The informant referred to several instances during which the petitioner behaved in an acrimonious manner towards the informant. The informant stated that there were several instances when the petitioner had physically assaulted her. Consequently, the informant being unable to continue her conjugal life with the petitioner had decided to shift to her sister’s place in a rental house where she is presently residing. On the basis of the allegations made in the FIR, the case under Section 498(A) IPC was registered and the investigation had commenced.

This Court by order dated 16.06.2020 while calling for the case diary passed an order granting interim protection to the petitioner on the conditions mentioned therein.

Today, the matter was heard and the case diary produced was duly examined.

From a perusal of the case diary, it is seen that the statements of the informant, her sister, the petitioner, his parents and neighbours have been recorded. In his statement recorded before the police, the petitioner admitted to the marital discord between the petitioner and the informant and has also admitted that they are staying separately. However, he denied all the allegations made by the informant against him or his par