Jagadish Barman vs The State Of Assam
2023 Latest Caselaw 2065 Gua

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GAHC010017712023




                           THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

          I.A.(Crl.)/66/2023

         JAGADISH BARMAN
         S/O MANMOHAN BARMAN
          VILL.- BATLAGURI
          P.O. AND P.S.- PUNDIBARI
          DIST.- COOCH BEHAR
          WEST BENGAL
          PIN- 736165.


          VERSUS

         THE STATE OF ASSAM
         REP. BY P.P.

         2:ANIMA RAI
         D/O SUKUMAR ROY

         VILL.- PARBATINAGAR

         P.S. TEZPUR

         DIST.- SONITPUR
         PIN- 784001.
         ------------
         Advocate for : G UDDIN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM
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                                  :: BEFORE ::
                    HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                  O R D E R

19.05.2023

Heard the learned counsel Mr. Y.S. Mannan appearing for the applicant. Also heard Mr. KK. Das, the learned Addl. Public Prosecutor, Assam.

This is an application under Section 389 of the CrPC praying for suspension of sentence and for releasing the applicant on bail who was convicted under Sections 376/417 of the IPC in connection with Sessions Case No.198/2019.

A girl, late her 20s, maintained relationship with the applicant and travelled together to difference places and stayed in hotels claiming to be husband and wife.

They had physical relationship. The girl has claimed that the applicant has committed rape upon her on promise of marriage. It may be stated that the applicant did not marry the girl, rather he married another girl.

I have considered the submissions made by the learned counsels of both sides.

It is a settled law that a simple promise to marry without anything more does not constitute misconception of fact as defined in Section 90 Page No.# 3/3

of the Indian Penal Code. For this reason only, the bail application of the applicant is allowed.

The impugned judgment dated 09.01.2023 passed by the learned Addl. Sessions Judge, FTC, Tezpur in Sessions Case No.198/2019 is stayed. The applicant Jagadish Barman is allowed to go on bail of `25,000/- with a surety of like amount to the satisfaction of the Addl. Sessions Judge, FTC, Tezpur.

The Interlocutory Application stands accordingly disposed of.

JUDGE

Comparing Assistant