Page No.# 1/4 GAHC010239802024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2992/2024 SMTI JIMPI BORAH D/O SRI BIPUL BORAH, RESIDENT OF FUTCHAN GAON, PS JENGRAMUKH, DIST MAJULI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : R L CHUTIA, MR. B K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.01.2025 1) Heard Mr. B. K. Gogoi, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2) This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, Smt. Jimpi Borah, who is apprehending her arrest in connection with Jorhat P.S. Case No.183/2023 under Sections 120(B)/343/306 Page No.# 2/4 of the Indian Penal Code. 3) The gist of accusation in this case is that on 12.04.2023, one Achyut Saikia had lodged an FIR before the Officer–In-Charge of Jorhat Police Station, inter alia, alleging that the his son Sri. Abinsh Saikia after receiving a Phone call on 05.03.2023 went out of his house and thereafter he could not be contacted on Mobile Phone as the Phone found to be switched off. 4) It is further stated in the FIR that the missing FIR was lodged before the Jorhat Police Station and during investigation by Police, it was found that there was phone call to the Mobile phone of the son of the informant from one Jimpi Borah (present petitioner) and accordingly it was suspected that the present petitioner is responsible for missing of the son of the first informant. 5) On receipt of the said FIR, Jorhat P.S. Case No.183/2023 was registered under Section 120(B)/343 of the Indian Penal Code. 6) Later on, an application was filed by the Investigating Officer on 05.11.2024, before the learned Chief Judicial Magistrate, Jorhat for adding of Section 306 of the Indian Penal Code to the said case which was allowed. It is pertinent to note that the decomposed body of the son of the informant was found on 21.04.2023. It was also found that the deceased was threatened by the present petitioner over Mobile phone. 7) The learned counsel for the petitioner has submitted that the allegations leveled against the present petitioner are not true and she is not involved in any manner in connection with the death of deceased Sri. Abinsh Saikia. 8) The learned counsel for the petitioner has also submitted that after the registration of the FIR in this case, she had appeared before the Investigating Officer and her statement was also recorded by the Investigating Officer and she is ready to co-operate in the investigation. Page No.# 3/4 9) However on application of the Investigating Officer on 05.11.2024, Section 306 of the IPC has been added to the case, she is apprehending that she may be arrested in this case. 10) Hence, the learned counsel for the petitioner has prayed for grant of anticipatory bail. 11) On the other hand, learned Additional Public Prosecutor has produced the Case Diary of Jorhat P.S. Case No.183/2023 and submits that before adding of Section 306 of the IPC to this case, the statement of the present petitioner was recorded by the Investigating Officer. 12) I have considered the submissions made by learned counsel for both the sides and perused the materials in the Case Diary. 13) It appears that the investigation of this case is fairly progressive. 14) It also appears that the petitioner has co-operated in the investigation by appearing before the Investigating Officer and her statement has also been recorded by the Investigating Officer. 15) The conduct of the petitioner shows that he is co-operating in the investigation and under such circumstances, her custodial detention may not be necessary for fair completion of the investigation Jorhat P.S. Case No.183/2023. 16) In view of above, it is hereby directed that the petitioner shall appear before the Investigating Officer of Jorhat P.S. Case No.183/2023 once again within a period of 10 days from the date of this order to facilitate the Investigating Officer to record the statement, if required for the sake of investigation, if she does so within the stipulated period of time in the event of her arrest in connection with Jorhat P.S. Case No.183/2023 she will be allowed to go on interim bail of Rs.30,000/-(Rupees Thirty thousand only) with one surety of like amount to the satisfaction of the arresting Authority, subject to the Page No.# 4/4 conditions that:- (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 any other persons 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. 17) With above observation this anticipatory bail application stands disposed of. JUDGE Comparing Assistant