MANIK ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J Ahmed, learned counsel for the accused-petitioner as well as Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Manik Ali, in connection with NBWA issued vide order dated 19.11.2018 by the learned Additional CJM, Kamrup, Amingaon in DV Case No. 24M/2016.

(3.) Since the date of order of payment of interim maintenance in 2016, in the DV proceeding, interim maintenance has not been paid by the petitioner to the aggrieved person, and therefore, Warrant of Arrest was issued against him. On his arrest, he has been put behind the prison's bar since 18.12.2018. It does not appear from the materials placed before this court that any proceeding under Section 32 of the Protection of Women from Domestic Violence Act, 2005 has been initiated or any punishment has been imposed under Section 31 thereof. That being so, in the considered view of this court and also in view of the submission made by the learned counsel for the petitioner that once the petitioner is granted bail he will pay some amount immediately after 1 (one) month from his release on bail.