Dhrubojoyti Nath @ Monti And Anr vs State Of Assam

Hearing held through remote video conference.

Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor,

Assam appearing for the State respondent.

This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely i) Dhrubojyoti Nath @Monti and

ii) Dibyojyoti Nath, apprehending arrest in connection with Silchar P.S. Case No. 463/2021 (G.R. Case No. 778/2021) registered u/s 306 of the IPC.

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

Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the petitioners, submits that the petitioners are absolutely innocent and that a number of

cases are filed against the petitioner No. 1, namely Dhrubojyoti Nath, who is named in the FIR alleging cruelty being Silchar P.S. Case No. 268/2021

and Silchar P.S. Case No. 463/2021, where the said accused No. 1 has been on pre-arrest bail. According to Mr. Choudhury, pursuant to

development of a relationship between him and the victim woman, no marriage followed, but later on, there was no contact between them from the

first week of January, 2021 and he married the petitioner No. 2. It is also submitted that from the facts and circumstances, the ingredients of the

offence under Section 306 of the IPC are not satisfied in the case and therefore, the custodial interrogation of the petitioners may not be necessary.

Mr. R.J. Baruah, learned Addl. Public Prosecutor, submits that the victim, in her suicide note, referred the petitioners and as such, their pre-arrest bail

application may not be accepted.

The FIR reveals the allegation, inter-alia, that due to mental cruelty perpetrated on the informant’s niece, the latter committed suicide on

04.02.2021.

It is noticed that the prime accused Dhrubojyoti Nath has been granted pre-arrest bail vide order, dated 22.03.2021 passed in AB No. 389/2021 filed

by the victim herself, where she had alleged cruelty.

The present petitioners were granted interim pre-arrest bail vide order, dated 28.05.2021 in connection with the above noted case (Silchar P.S. Case

No.463/2021) and accordingly, as per conditions, they have given their statements under Section 161 Cr.P.C. and thus, co-operating in investigation.

On hearing of both sides and perusal of the case diary including the suicide note left by the deceased, it transpires that there are prima facie

incriminating materials against the petitioners so far, inter-alia, the cruelty part is concerned. However, on a careful consideration of the pros and cons

of the facts and circumstances leading to the commission of suicide by the victim, this Court is of the opinion that custodial interrogation of the

petitioners may not be needed in the current situation of Covid-19 pandemic.

Accordingly, the interim pre-arrest bail granted vide order, dated 28.05.2021 is hereby made absolute, subject to the following conditions-

(i) That the petitioners shall co-operate in investigation as and when required; and

(ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so

as to dissuade him from disclosing such facts to the Court or to any police officer.

Return the case diary.

This disposes off the anticipatory bail application.