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  4. 2024/
  5. June

Babul Hussain vs. the State of Assam and Anr.

Decided on 28 June 2024• Citation: AB/1535/2024• Gauhati High Court
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                                                                   Page No.# 1/2    
        GAHC010118362024                                                            
                             THE  GAUHATI    HIGH   COURT                           
          (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL  PRADESH)           
                                 Case No. : AB/1535/2024                            
                 BABUL HUSSAIN                                                      
                 S/O MD. RAMJAN ALI                                                 
                 R/O RAKHYASHINI PART-I, P.S. MORNOI                                
                 DIST. GOALPARA, ASSAM                                              
                 VERSUS                                                             
                 THE STATE OF ASSAM AND ANR.                                        
                 REP BY THE PP, ASSAM                                               
                 2:THE OFFICER-IN-CHARGE                                            
                 MORNOI POLICE STATION                                              
                 DIST. GOALPARA                                                     
                 ASSA                                                               
        Advocate for the Petitioner : MR S H SIKDAR                                 
        Advocate for the Respondent : PP, ASSAM                                     
                                       BEFORE                                       
                    HONOURABLE   MR. JUSTICE MRIDUL KUMAR KALITA                    
                                       ORDER                                        
        Date : 28.06.2024                                                           
        1.     Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. B. B.

                                                                   Page No.# 2/2    
        Gogoi, learned Additional Public Prosecutor for the State respondent.       
        2.      By  order dated 26.06.2024,learned Additional Public Prosecutor was 
        requested to procure a report from the Officer-in-Charge of Mornoi Police Station to let
        this Court know as to whether any case is pending against the present petitioner,
        namely,Babul Hussainand in pursuant to said direction learned Additional Public
        Prosecutor has placed the report received from police of. Dubapara Petrol Post dated
        18.06.2024, wherein it is stated that no case has been registered against the present
        petitioner.                                                                 
        3.     However, it is also stated that the wife of the present petitioner had lodged a
        complaint before the police, and on the basis of which a GD entry was made and an
        inquiry was initiated.                                                      
        4.     However, the petitioner was not found in his residence and he could not be
        contacted and therefore, for the purpose of inquiry, the petitioner was called for by the
        police of Dubapara Petrol Post.                                             
        5.     In view of the report, placed by the learned Additional Public Prosecutor, this
        anticipatory bail application is disposed of with a direction to the petitioner to appear
        before the In-Charge of the Dubapara Petrol Post under Mornoi Police Station and co-
        operate in the inquiry regarding the complaint filed by his wife against him within 10
        days from the date of this order and cooperate in the order. If he does so within the
        said period, in the event of his arrest in connection with any case, which is
        subsequently registered on the basis of the enquiry or during the course of inquiry,
        the above named petitioner shall be allowed to go on bail of Rs. 30,000/- (Rupees
        Thirty Thousand only), with one surety of like amount to the satisfaction of the
        arresting authority.                                                        
        6.     With the above observation, this anticipatory bail application is disposed of.
                                                          JUDGE                     
        Comparing Assistant