Advocates:
['S BORTHAKUR', '', 'P K BORAH', 'U K DEKA', '']

AB 680/2012

B E F O R E

HON’BLE MR JUSTICE U.B. SAHA

The instant application under Section 438 Cr. P.C is filed by the petitioner, na

mely, Jatin Boraik, the husband of the victim, for granting him bail in the even

t of his arrest in connection with Tinsukia P.S. Case No. 337 opf 2011 read with

Section 498(A) of the IPC and Section 4 of Dowry Prohibition Act.

Mr. S. Borthakur, learned Counsel for the petitioner while urging for ba

il would contend that the petitioner is in no way involved with the alleged offe

nce and the marriage took place between the informant and the petitioner about e

ight years back and the informant had left her matrimonial home as far as back o

n 12.12.2010.Thus, the question of demanding dowry does not arise at all.

He finally contends that this Court on 24.2.2012 granted interim bail to

the petitioner pending consideration of the case diary. Thus, it would be prope

r to make the interim order absolute.

Mr. B. S. Sinha, learned Addl. P.P while producing the case diary submit

s that the materials available in the case diary do not suggest custodial interr

ogation of the petitioner.

In view of the above, this Court is of considered opinion that it would

be proper to make the interim order passed by this Court absolute. Accordingly,

it is ordered. Consequently, it is directed that the petitioner shall be enlarge

d on bail in the event of his arrest in connection with the aforesaid police cas

e on his furnishing a bail bond of Rs.10,000/- with two sureties of the like am

ount to the satisfaction of the arresting authority subject to conditions that

he will appear before the I.O of the case as and when called for and also co-op

erate with the investigating agency and he shall also not leave the State of Ass

am without prior permission of the arresting authority.

With the aforesaid order, the bail application is disposed of.