LAWS(GAU)-2020-10-33

MD. ATIQUL ISLAM Vs. STATE OF ASSAM

Decided On October 16, 2020
Md. Atiqul Islam Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By this Bail Application filed under Section 439 CrPC, the petitioner, namely, Md. Atiqul Islam has prayed for bail in connection with Laluk Police Station Case No. 247/2020, registered under Sections 498(A)/325 of the IPC and added Section 304(B) of the IPC.

(2.) Heard the learned counsel for both sides and perused the Case Diary including the post mortem report produced before me.

(3.) The accused petitioner is in custody since 03.08.2020. It appears from the materials on record that the informant/victim was the wife of the accused petitioner and there was a cordial relationship between the husband and wife since after their marriage. However, on 02.07.2020, i.e., about five years after their marriage, she filed an FIR before the Officer-in-Charge, Laluk Police Station, complaining some physical assault on her by the accused petitioner with bamboo stick causing grievous injuries on her person. Accordingly, a case was registered under Section 498(A)/325 IPC. Subsequently, the victim died on 01.08.2020 and, thereafter, Section 304(B) was added.