Page No.# 1/4 GAHC010158892025 2025:GAU-AS:10160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1695/2025 BANIKANTA KALITA AND 3 ORS. SON OF LATE MANIK KALITA VILL- PASCHIM KATHALMURI P.O. BAGHMARA BAZAR P.S. PATACHARKUCHI, DIST. BAJALI, ASSAM, PIN-781328 2: PADUMI KALITA W/O BHUBANESWAR KAKATI VILL- BATIAMARI P.O. BAGHMARA BAZAR P.S. PATACHARKUCHI DIST. BAJALI ASSAM PIN-781352 3: BHUBENESWAR KAKATI @ BHUBAN KAKATI SON OF LATE PRADIP KAKATI VILL- BATIAMARI P.O. BAGHMARA BAZAR P.S. PATACHARKUCHI DIST. BAJALI ASSAM PIN-781328 4: BHANITA DAS W/O SRI DEEP DAS P.O. AND P.S. HOWLY DIST. BARPETA ASSAM PIN-781316 Page No.# 2/4 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. U K DAS, J M BAISHYA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 05-08-2025 Heard Mr. U. K. Das, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending their arrest in connection with Patacharkuchi P.S. Case No. 126/2025, under Sections 61(2)/191(27)/117(2)/109/74/308(2)/ 310(2)/324(4) of the BNS, 2023. 3. Case Diary is placed before the Court. I have perused the same. 4. It is submitted by Mr. Das, learned counsel that the present petitioners are innocent and are not involved in any such offence as alleged in the FIR. However, it is a fact that there was a dispute between the informant, who claimed herself to be the wife of deceased Dhananjai Baruah, though she was a maid servant and one co-accused Smti. Kusum Baruah, wife of said deceased Dhananjay Baruah. 5. Further, it is submitted that the petitioner No.2, namely, Smti. Padumi Page No.# 3/4 Kalita had allegedly assaulted the 8 year old minor daughter of the informant causing injury on her person and the other accused petitioners are also involved in the said quarrel when they tried to evict the informant from the house where she was residing. 7. However, the petitioners are ready and willing to co-operate with the I.O. in further investigation of the case, if they are granted with some interim protection. 8. Mr. Borthakur, learned Addl. PP submitted in this regard that the dispute/quarrel took place where the present petitioners along with other co- accused came to evict the informant and in that process they have also assaulted the informant along with her minor child. 9. Mr. Borthakur, further submitted that as per the medical report, the injuries sustained by the informant are minor in nature. 10. Considering the entire aspect of the matter, submission of the learned counsel for both sides and on perusing the case diary vis-à-vis the medical report of the victim, I find it to be a fit case to extent the privilege of interim bail to the accused petitioners. 11. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Sri Banikanta Kalita, (ii) Smti. Padumi Kalita, (iii) Sri Bhubaneswar Kakati @ Bhuban Kakati and (iv) Smt. Bhanita Das in connection with Patacharkuchi P.S. Case No. 126/2025, under Sections 61(2)/191(27)/117(2)/109/74/ 308(2)/310(2)/324(4) of the BNS, 2023, they shall be enlarged on interim pre-arrest bail on their executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following Page No.# 4/4 conditions: (i) that the petitioners shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of their statements; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) 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/her from disclosing such facts to the Court or to any police officer. 12. With the above observation and direction, this pre-arrest bail application stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant