LAWS(GAU)-2020-8-48

TUHINA DEVI Vs. STATE OF ASSAM

Decided On August 04, 2020
Tuhina Devi Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. R Chakravorty, learned counsel for the petitioner. Also heard Mr. D Das, learned Additional Public Prosecutor for the State of Assam who produced the case diary.

(2.) By this application under Section 438 Cr.P.C., the petitioner, namely, Tuhina Devi is seeking pre-arrest bail in connection with Dibrugarh Police Station Case No. 322/2020 under Section 306/34 IPC.

(3.) Dibrugarh Police Station Case No. 322/2020 under Section 306/34 IPC was registered on the basis of an FIR lodged by the informant stating that her son caused his suicidal death due to love affairs with the petitioner. Further, it is stated in the FIR that a suicide note was also left by the deceased citing the name of the petitioner. The case diary is produced. It is seen that the victim is of the age of 38 years as stated by the petitioner in her petition and on the other hand the petitioner is aged about 19 years old as per the identity card of DHSK Commerce College annexed to this petition. Prima-facie, it is seen that there was break up in the said relation. In my considered view after perusal of the case diary and the suicidal note, this is a case wherein the petitioner can be granted the privilege of pre-arrest bail under Section 438 Cr.P.C.