ANANTA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel appearing for the petitioner as well as Mr. B. Sarmah, learned Addl. P.P. appearing for the State respondent.

(2.) This application under Sec. 439 Cr.P.C, is preferred by the petitioner, namely, Ananta Barman, who is languishing in jail hajot since 22/6/2022, in connection with Basugaon P.S. Case No. 38/2022, registered under Sec. 450/376 IPC.

(3.) The informant 'X' lodged an FIR that the petitioner purchased a plot of land adjacent to her house and started constructing one RCC building. On 21/6/2022 while the informant 'X' was sleeping with her two children in the room, at about 2.00 A.M. she could hear someone trying to push open her door. Then, she noticed that the petitioner trespassed into the room and embraced her and pinned her to the bed in an attempt to commit sexual assault on her. The petitioner then, committed rape on her and fled away from her room by damaging the fence. When, she raised alarm, the neighbour assembled in her house. The FIR was registered and investigation commenced and the petitioner was taken into custody and since then he has been languishing in the jail.