LAWS(GAU)-2020-7-53

MINATI BASAK Vs. STATE OF ASSAM

Decided On July 20, 2020
Minati Basak Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S.I. Bora, learned counsel for the petitioners and Mr. T.K. Mishra, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioners viz. 1) Smti Minati Basak, and 2) Sri Akhil Basak, apprehending their arrest, in connection with Boko Police Station Case no. 119/2020, registered under Sections 294/447/307/34, Indian Penal Code (IPC). The petitioners and the informant are neighbours. In respect of an incident occurred on 08.02.2020, both the sides have lodged First Information Reports (FIRs) resulting into registration of Boko Police Station Case no. 119/2020 and Boko Police Station Case no. 125/2020. In the FIR lodged against the petitioners, allegation is made that the petitioner no. 1 had thrown hot water on the informant.

(2.) Mr. Mishra, learned Additional Public Prosecutor has submitted, on the basis of the materials available in the case diary collected during the course of investigation carried out so far, that no injury had been sustained by the informant in the said incident. He has, thus, submitted that there is insufficient material in respect of the offence under Section 307, IPC till this stage of the investigation.

(3.) Pursuant to the interim order dated 17.02.2020, both the petitioners had appeared before the Investigating Officer (I.O.) of the case for interrogation and their statements have been duly recorded.