Page No.# 1/2 GAHC010263442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3245/2024 CHANDAN SARKAR S/O PREMANANDA SARKAR R/O VILL- 2 NO. DARANGA, P.S.BIJNI, P.O. ANANDA BAZAR PIN- 783390, DIST. CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S K ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 20.02.2025 Heard Ms. S G Baruah, learned counsel for the petitioner and Mr. D P Goswami, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS,2023, the petitioner, Chandan Sarkar, has prayed for pre-arrest bail in connection with Bijni P.S. Case No. 157/2024. 6 (six) years prior to lodging of the FIR, the sister of the informant was married to the Page No.# 2/2 present petitioner. On 27.11.2024, the petitioner along with his wife and 14 (fourteen) years old son were going to Barpeta Road for treatment of the child. There were travelling in a alto car. Next day, the wife of the present petitioner was found lying by the side of the road in an injured condition. The informant has alleged that while the petitioner was taking his family to Barpeta Road, another woman was picked up and the said woman and the present petitioner first assaulted the sister of the informant and thrown her away from the running car. The case diary reveals that the wife of the petitioner got simple injuries only. Ms. Baruah has submitted that on the issue of pick up another woman in the vehicle, the wife of the petitioner get annoyed and out of anger she has jumped from the running car. The injured has stated before Police that she was assaulted by the husband and also by the woman aforesaid. I have considered the submission made by the learned counsel for both the sides. It appears that it is a dispute between husband and wife. Therefore, this court is of the opinion that for the aforesaid offences, the petitioner does not deserve to be detained in custody. Hence, the prayer for pre-arrest bail of the petitioner is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner Chandan Sarkar in connection with Bijni P.S. Case No. 157/2024,the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. Bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant