Page No.# 1/5 GAHC040017982024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/152/2024 Mrs Rekha Sonam Wife of Shri Deepa Sonam, resident of Village Paga Tara, Jullang, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Geken Ingo, Teto Taba,Marge D Advocate for the Respondent : P P of AP, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 07.01.2025. Heard Mr. M. Doji, learned counsel for the applicant. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, Arunachal Pradesh appearing for the State respondent. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/5 Sanhita (BNSS), 2023, praying for grant of privilege of pre-arrest bail to the accused applicant, namely, Smti. Rekha Sonam, in connection with Papu Hill P.S. Case No. 102/2024 under Sections 329/74/115/(2)/304(2)/61/351/3(5) of BNS, 2023 read with Section 67 of I.T. Act. The case in brief is that a written FIR was lodged on 15.02.2024 by one Smti Mini Bui to the effect that one Rekha Sonam and her two friends whom she did not know, arrived at the shop of the informant while she was sitting at her Puja inauguration at Sood village at around 11:30 a.m. The accused person suddenly came out and used abusive language and hit the informant on her face then both of her friends also attacked on the informant and push her down. The accused also snatched the gold chain and her bag with cash money of 2 lakhs and also threatened to kill her. It is also stated that there were two boys standing outside and monitoring all the activities. It further stated that for the said matter, she and her husband were living separately since last one year. It was a matter of sale of land by her husband. It is also alleged that the accused is using abusive language through WhatsApp since last two/three months. On receipt of the aforesaid FIR, the Papu Hill P.S. Case No. 102/2024 under Sections 329/74/115/(2)/304(2)/61/351/3(5) of BNS, 2023 read with Section 67 of I.T. Act was registered. Mr. M. Doji, learned counsel for the accused/applicant submits that the applicant had filed an FIR before the Chimpu Police Station against the complainant for posting provocative and derogatory remarks against the accused applicant in the Whatsapp. However, the Officer-in-Charge of the Page No.# 3/5 Chimpu Police Station has not taken any action on the FIR of the accused applicant. The present FIR has been filed by way of counter blast and registered against the accused applicant on the complaint of complainant, namely, Smti Mini Bui. He submits that the alleged incident occurred when on meeting the accused applicant, the complainant started attacking her, wherein she sustained multiple injuries on her neck and head. In her self defence only, the applicant had to retaliate. That apart, the accused applicant is the mother of four children and she is the lone bread earner of her family providing all the necessities including the education expenses of the children and also having a minor son of three years. Mr. M. Doji, learned counsel for the accused applicant further submits that the altercation between the accused applicant and the complainant has arisen out of the provocative post in the social media against the accused applicant. Therefore, the accused applicant may be granted the privilege of pre- arrest bail. Ms. T. Jini, learned Addl. Public Prosecutor, Arunachal Pradesh while placing the case diary, fairly submits that the scuffle between the accused applicant and the complainant appears to be purely out of matrimonial dispute on the allegation and counter allegation against each other. Moreover, the nature of injury sustained is simple, as per the medical report. In view of the above, the learned Addl. Public Prosecutor would not have any serious objection, if this Court grant pre-arrest bail to the accused applicant. I have considered the submissions of learned counsel for the parties and perused the case diary. Page No.# 4/5 On perusal of the case diary, it reveals that an FIR was filed by the accused/applicant against the complainant Smti Mini Bui before Chimpu Police Station. However, same has not been registered. Present FIR has been filed against the accused applicant, which has been registered as Papu Hill P.S. Case No. 102/2024, under Sections 329/74/115/(2)/304(2)/61/351/3(5) of BNS, 2023 read with Section 67 of I.T. Act, after an altercation/scuffle between the accused applicant and the complainant. It is seen that the nature of injury sustained is simple and the incident had happened which appears to be somewhat connected with matrimonial issue and on the allegation of use of abusive languages by the accused applicant and the complainant through the social media platform. It appears to be petty issue which has been flared up out of proportion. Having considered the materials on record and considering that the incident had occurred due to use of abusive language through the social media platform as well as the matter appears to be somewhat connected to the matrimonial issue, I am inclined to grant the privilege of pre-arrest bail to the alleged accused/applicant. Accordingly, the interim bail granted on 19.12.2024 is made absolute on the following conditions: (i) The accused/applicant shall appear before the Investigating Officer as and when called for. (ii) The accused/applicant shall not, directly or indirectly, make any Page No.# 5/5 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. The bail applicant stands allowed and disposed of. JUDGE Comparing Assistant