Mona Miah vs. The State Of Assam

AB 735/2017

B E F O R E

HON'BLE MR. JUSTICE M.R.PATHAK

Heard Mr.B.K.Mahajan, learned counsel for the petitioner and M.P.Goswami, learne d Addl.P.P. appearing for the State opp.party.

This is an application under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Mona Miah in connection with Sukchar P. S. Case No. 185/2016 corresponding to G.R.Case No. 874/2016 under Sections 120(B)/302/34 IPC .

Mr.Mahajan, learned counsel appearing for the petitioner submits that the post-m ortem report of the deceased dated 14.10.2016 reveals that cause of death is due to asphyxia as a result of hanging and the report did not state anything for su

ch cause and it is due to homicidal in nature. However from perusal of the case diary, it is seen that the independent witnesses saw the petitioner, Kajimuddin and another Abdul Kasem jumped away from the place of occurrence i.e. M.E.School of the village and ran away from the place.

It is also seen that because of certain relation between the deceased and the wi fe of the petitioner, a confrontation between the deceased family and the petiti oner was observed by some of the elderly villagers of the village where both the accused petitioner and the deceased used to reside.

Learned Addl.P.P. from the case diary submits that there are sufficient incrimin ating materials against the petitioner in the case diary.

Considering all these and the evidences so far recorded by the concerned I.O. mo re particularly the independent witnesses and his report available in the case d iary, the court is of the opinion that it is not a fit case to grant pre-arrest bail to the accused petitioner,namely, Mona Miah in the above noted Sukchar P. S . Case No. 185/2016.

Accordingly bail petition stands rejected.