Page No.# 1/3 GAHC010125812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1311/2025 RIKU DANIEL DOLEY S/O- MR. RAJKISHORE DOLEY. R/O- FLAT NO.J1004, SUBHAM HEIGHTS, ADARSHPUR PATH, KAHILIPARA, GUWAHATI-781019, P.S.-DISPUR, DIST.- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. N N B CHOUDHURY, MR N KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. N. N. B. Choudhury, the learned counsel for the petitioner. Also heard Mr. D. P. Goswami, the learned Additional Public Prosecutor for the State respondent. 2. The application under Section 482 of BNSS, 2023, has been filed by the Page No.# 2/3 petitioner, namely, Riku Danniel Doley, who is appending his arrest in connection with Dispur P. S. Case No. 324/2025 under Sections 316(2)/318(4)/61(2)/89 of the BNS, 2023. 3. The gist of accusation in this case is that on 01.05.2025, one Plabita Gogoi had lodged an FIR before the Officer-in-Charge of Bhagaduttapur Police Outpost under Dispur Police Station, inter-alia, violating the law, the informant was physically assaulted by the petitioner. 4. She was also threatened to severe consequences and was repeatedly tortured mentally. 5. It is stated in the FIR that the informant was emotionally, financially and physically tortured by the present petitioner. 6. The learned counsel for the petitioner has submitted that the informant is the wife of the present petitioner and both are business persons. 7. He also submits that on earlier occasion also the wife had lodged an FIR against the present petitioner, in which he has already been granted interim anticipatory bail on 22.05.2025 in AB No. 1109/2025. 8. The learned counsel for the petitioner has submitted that in the instant case all other sections involved except under Section 85 are bailable. 9. He further submits that though the maximum punishment prescribed for the offence under Section 85 of the BNSS, 2023 is three years, however, no notice under Section 85 of the BNSS, 2023 has been served on the petitioner and police is searching for him. 10. He further submits that the petitioner is ready to cooperate in the investigation. 11. I have heard the submissions made by the learned counsel for both sides. Page No.# 3/3 12. On the other hand, the learned Additional Public Prosecutor has prayed for calling of the case diary. 13. Considering the nature of offence involved in this case as well as the fact that the petitioner is ready to cooperate in the investigation, this Court is of the considered opinion that if he cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of the Dispur P. S. Case No. 324/2025. 14. In view of the above, this anticipatory bail application is disposed of with the direction to the above-named petitioner to appear before the Investigating Officer of Dispur P. S. Case No. 324/2025 within a period of seven days from the date of this order and cooperate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the above mentioned case, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- i. The petitioner shall co-operate in the investigation, ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 15. This anticipatory bail application is accordingly, disposed of. JUDGE Comparing Assistant