Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 11144 (GAU)

SRI PABAN NATH v. THE STATE OF ASSAM

AB/1550/2026 · 2026-07-26

Shamima Jahan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010141302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1550/2026 SRI PABAN NATH S/O- LATE SUREN NATH R/O- VILL- DEKACHUK REVENUE VILLAGE- NIZ SILABANDHA P.O. - NANDIKESWAR P.S.- JAMUGURI DIST- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. N BORAH, S K LAHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.07.2026 Heard Mr. N. Borah, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/3 Jamuguri P.S. Case No.52/2026 registered under Section 108 of BNS, 2023. The FIR lodged in the instant case was filed by one Rajib Saikia revealing that his wife occasionally use to speak with one Bishnu Das and that the wife of the said Bishnu Das suspects that wife of the informant had a relationship with said Bishnu and that on 04.06.2026, the mother in law of Bishnu called up the wife of the informant and called her to her place where the wife of Bishnu Das was staying and when the wife of the informant along with her mother reached the house of the mother in law of Bishnu, she saw the petitioner, who was the Gaon Pradhan and several other persons assembled in the house of the mother in law of Bishnu and on her arrival, the mother in law and sister in law of Bishnu as well as wife of Bishnu attempted to beat his wife i.e. wife of the informant. The informant thereafter stated that in the presence of the Gaon Pradhan, the relatives of Bishnu had beaten up his wife and his mother in law and as such the Gaon Pradhan is also responsible. It is also stated in the FIR that the relatives of Bishnu call the wife of the petitioner along with her mother on the next day and threatened her that they would burn down her house and property and would defame her in front of everyone. The informant thereafter stated that unable to bare the insults, his wife committed suicide. 3. This application is however, filed for bail of the Gaon Pradhan. The learned Counsel for the petitioner submits that said Gaon Pradhan i.e. the petitioner was called by the mother in law of Bishnu and other relatives and he simply went to her house on being called. The learned Counsel stated that the petitioner has no connection with the assault made on the wife of the informant. The learned Counsel has also placed the report of the land revenue assistant who was directed to inquire about the actions of the petitioner and in the inquiry report, Page No.# 3/3 it was stated that the allegations against the petitioner, which led to the suicide of the informant's wife is false. 4. Mr. B. Sharma, learned Additional Public Prosecutor for the State on perusal of the Case Diary stated before this Court that witnesses were present and they had stated before the Investigating Officer that the petitioner was present when the assault on the wife of the informant was going on. 5. On consideration of the submissions made by the parties and more so on perusal of the Case Diary as well as other documents on record, this Court finds it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant