THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY Date : 23-11-2022 ORDER Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner; Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam and Ms. A. Begum, learned counsel for the informant and the prosecutrix. Page No.# 2/4

By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Al-Amin Laskar @ Jhoni Laskar has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Hailakandi Police Station Case no. 234/2022 registered for offences punishable under Sections 417/376, Indian Penal Code [IPC].

In the First Information Report [FIR] lodged by the informant on

20.08.2022, the informant has inter alia alleged that the petitioner and her daughter, aged about 19 years, established a friendly relationship through Facebook and after knowing each other and by meeting each other in person, they developed a love affair. Then a proposal for marriage came from the family of the petitioner and accordingly, discussions were going on to fix a date of marriage. It is alleged that during the interregnum, the prosecutrix had gone to a resort with the petitioner and there, the petitioner had allegedly committed forceful act with her. Thereafter, the father of the petitioner had allegedly taken a U-turn by demanding a sum of Rs. 10,00,000/- from the family of the informant with the condition that the sum had to be given before any marriage was solemnized.

Mr. Barbhuiya, learned counsel for the petitioner has submitted that the prosecutrix was already married and the same is demonstrated from the case records of M.R.[D/V] no. 87/2021, registered on the basis of an application filed by the Prosecutrix under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against one Amin Haque Barlaskar [Respondent no. 1 threin] with whom her marriage was allegedly solemnized on 03.12.2020. In M.R.[D/V] no. 87/2021 filed before the Court of learned Chief Judicial Magistrate, Hailakandi, the prosecutrix as the aggrieved person, had sought for a number of reliefs under the Protection of Women from Domestic Violence Act, Page No.# 3/4 2005 against the respondents therein. As the fact of her marital status came to be known to the petitioner’s family, they became reluctant to enter into the marital relationship with the prosecutrix and the same has resulted to institution of the FIR.

Mr. Goswami, learned Additional Public Prosecutor who has received the case diary, has submitted that the statement of the prosecutrix has been recorded under Section 164, CrPC. In her statement, she has stated that she is no more interested to pursue the instant FIR. To buttress the said fact, Mr. Barbhuiya, learned counsel for the petitioner has referred to the affidavit, annexed to this bail application as Annexure-4, to submit that the matter has been amicably settled subsequently with the intervention of the relatives of both the parties and after discussion in the village meeting. It has been decided therein that the petitioner will socially marry the prosecutrix. Ms. Begum, learned counsel for the informant and the prosecutrix has also submitted in similar lines.

In view of the above facts and circumstances obtaining in the case, this Court is of the considered view that there is no necessity for custodial detention of the petitioner for the purpose of carrying out further investigation of the case and his release on pre-arrest bail, at this stage of investigation, is unlikely to bring any prejudicial effect in the further investigation of the case, provided he continues to extend his assistance and co-operation in the further investigation of the case.

Accordingly, the interim protection granted to the petitioner by order dated 22.09.2022, is made absolute, subject to the condition nos. 1, 2, 3 and 4 set forth already in the said order dated 22.09.2022.