Page No.# 1/5 GAHC010262662024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3235/2024 PULIN KARMAKAR S/O LATE NIBARAN KARMAKAR, PERMANENT RESIDENT OF WARD NO. 6, LANKA, PO AND PS LANKA, DIST. HOJAI, ASSAM 782446 2: RADHIKA KARMAKAR W/O PULIN KARMAKAR PERMANENT RESIDENT OF WARD NO. 6 LANKA PO AND PS LANKA DIST. HOJAI ASSAM 782446 3: ANITA KARMAKAR W/O BIPLAB KARMAKAR PERMANENT RESIDENT OF WARD NO. 6 LANKA PO AND PS LANKA DIST. HOJAI ASSAM 782446 4: PAMPA DEY @ PAMPA KARMAKAR W/O DIPAK KARMAKAR PERMANENT RESIDENT OF WARD NO. 6 LANKA PO AND PS LANKA DIST. HOJAI ASSAM 782446 5: LIPEI RAY @ LIPEI KARMAKAR W/O BHUTU KARMAKAR Page No.# 2/5 PERMANENT RESIDENT OF WARD NO. 6 LANKA PO AND PS LANKA DIST. HOJAI ASSAM 78244 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,T A LASKAR Advocate for the Respondent : PP, ASSAM, Linked Case : AB/3270/2024 DIPAK KARMAKAR AND 2 ORS. S/O PULIN KARMAKAR A PERMANENT RESIDENT OF WARD NO. 6 LANKA P.O. LANKA P.S. LANKA DIST. HOJAI ASSAM PIN-782446 2: SATYA NARAYAN KARMAKAR @ BHUTU KARMAKAR S/O PULIN KARMAKAR PERMANENT RESIDENT OF WARD NO. 6 LANKA P.O. LANKA P.S. LANKA DIST. HOJAI ASSAM PIN-782446. 3: SANU KARMAKAR S/O BIPLAB KARMAKAR Page No.# 3/5 A PERMANENT RESIDENT OF WARD NO. 6 LANKA P.O. LANKA P.S. LANKA DIST. HOJAI ASSAM PIN-782446 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. D K AGARWALA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.02.2025 Heard Mr. T.A. Laskar, the learned counsel appearing for the petitioners as well as Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam. 2. Both the applications under Section 482 of the BNSS, 2023 have prayed for pre- arrest bail in respect of Lanka P.S. Case No.376/2024 under Section 61(2)/329(3)/117(2)/324(4)/305/109 of the BNS, 2023. 3. The informant lady has alleged that on 01.12.2024 at about 2 P.M., the present petitioners and other persons, namely- Pulin Karmakar, Radhika Karmakar, Biplab Karmakar, Anita Karmakar, Dipak Karmakar, Bhutu Karmakar, Pampa Karmakar, Lipi Karmakar and Sanu Karmakar attacked her and her husband with dangerous Page No.# 4/5 weapons. It is further alleged that those persons had attacked the informant woman and her husband and caused injuries to her and her husband. They also snatched away gold chain from the neck of the informant woman. 4. The Case Diary reveals that the informant woman and her husband had sustained some injuries, like lacerated injuries, which are also grievous in nature. 5. It may be stated that Pulin Karmakar and Radhika Karmakar are the parents-in- law of the informant lady. The other petitioners are close relatives of the informant lady and her husband. 6. In this case, Biplab Karmakar was arrested by police and he is still in judicial custody. 7. The petitioners Pulin Karmakar, Radhika Karmakar, Anita Karmakar, Pampa Dey @ Pampa Karmakar and Lipei Ray @ Lipei Karmakar were granted interim bail pursuant to which they have appeared before the Police Investigating Officer and have got their statements recorded. 8. I have considered the submissions made by the learned counsel of both sides in the light of the situation projected by the materials available before me. 9. This Court is of the opinion that the petitioners Pulin Karmakar, Radhika Karmakar, Anita Karmakar, Pampa Dey @ Pampa Karmakar and Lipei Ray @ Lipei Karmakar do not deserve to be detained in custody as they have co-operated with police investigation. Accordingly, their pre-arrest bail application is allowed. The interim bail granted on 09.12.2024 in favour of the present petitioners is made absolute. 10. In so far as the prayer made by the petitioners Dipak Karmakar, Satya Narayan Karmakar @ Bhutu Karmakar and Sanu Karmakar, are concerned, this Court is of the opinion that since they are close family members of the informant, they should not be detained in custody as it might cause undue problem between the two family Page No.# 5/5 members. Therefore, the application for bail in respect of the petitioners Dipak Karmakar, Satya Narayan Karmakar @ Bhutu Karmakar and Sanu Karmakar are also allowed. 11. It is hereby directed that in the event of arrest in connection with Lanka P.S. Case No.376/2024 under Section 61(2)/329(3)/117(2)/324(4)/305/109 of the BNS, 2023, the petitioners Dipak Karmakar, Satya Narayan Karmakar @ Bhutu Karmakar and Sanu Karmakar shall be allowed to go on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 12. These three petitioners are directed to co-operate with Police Investigating Officer as and when called for. 13. With the aforesaid direction, both the applications for bail is disposed of. Case diary shall be returned. JUDGE Comparing Assistant