Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 15085 (GAU)

PARTHA PRATIM SAHARIA ALIAS PARTHA PRATIM SAHARIA AND ANR v. THE STATE OF ASSAM

AB/2041/2026 · 2026-09-22

Sanjeev Kumar Sharma

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010181992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2041/2026 PARTHA PRATIM SAHARIA ALIAS PARTHA PRATIM SAHARIA AND ANR SON OF DHANESWAR SAHARIA, PERMANENT RESIDENT OF PREETI NAGAR, WARD NO. 8, HOUSE NO. 171, P.S. MANGALDAI, DISTRICT DARRANG, ASSAM, PRESENTLY RESIDING AT NOONMATI, GUWAHATI, DISTRICT KAMRUP METRO, ASSAM. 2: BRAJENDRA KR HAZARIKA @ BROJEN HAZARIKA PERMANENT RESIDENT OF DARIKIAL GAON BANKA CHUBURI P.S. TEZPUR DISTRICT SONITPUR ASSAM PIN-784001 PRESENTLY RESIDING AT MORA BHORALI P.O. SONITPUR ASSAM TEZPUR DISTRICT SONITPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.09.2026 Heard Mr. N. Mahajan, learned counsel for the petitioners. Also heard the learned Addl. PP for the State respondent. 2. This is an application under Section 482 of BNSS, 2023 seeking pre-arrest bail by the petitioners namely (1) Partha Pratim Sahariah @ Partha Pratim Saharia and (2) Brajendra Kr. Hazarika @ Brojen Hazarika in connection with Noonmati P.S. Case No. 146/2026 registered under Sections 103(1)/ 3(5) of the BNS, 2023, read with Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. It appears from the material presented by the petitioners that a house maid working in the house of the petitioner No. 1 at Guwahati had died on 04.08.2026 and a UD Case being No. 146/2026 was registered at Noonmati. Subsequently, however, the informant who is the father of the deceased lodged an FIR dated 08.08.2026 alleging that the daughter of the informant was killed pursuant to a conspiracy. Accordingly, the present case has been registered under Sections 103(1)/ 3(5) of the BNS, 2023. 4. It is submitted on behalf of the petitioners that the petitioner No. 1 is a Branch Manager of a bank working at Mangaldoi at the time of the alleged incident. In this regard, the petitioners have annexed a time-sheet of duty showing his presence in the bank at Mangaldoi at the time of alleged incident. Furthermore, the petitioner No. 2 who is the father-in-law of the petitioner No. 1 is aged about 72 years and is a resident of Tezpur, which is far away from the place of occurrence at Guwahati. 5. It is submitted that the FIR has been lodged by the informant as the family members were naturally in a state of shock due to death of their daughter. 6. The learned Additional Public Prosecutor has submitted that pursuant to the interim order dated 08.09.2026, the petitioners appeared before the I/O and their statements have been recorded and further as per the statement of witness, the petitioners were not present at the place of occurrence at the relevant point of time. 7. Having regard to the above, the prayer for pre-arrest bail of the petitioners is allowed. 8. Accordingly, interim order granted by this Court on 08.09.2026 is hereby made absolute on the Page No.# 3/3 same terms and conditions as may be applicable as of date. Anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant