THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3708/2019
1:SMTI. MALATI ROY
W/O SRI SUBHENDRA RAI, R/O ULUBARI, KRISHI COLONY, P.S.-
PALTANBAZAR, DIST-KAMRUP (M), ASSAM
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS P MISHRA
Advocate for the Respondent : PP, ASSAM
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Date : 25-10-2019
Heard Mr. P. Mishra, learned Counsel for the petitioner and Mr. H. Sarma, learned
Additional Public Prosecutor for the State.
By this application under Section 438 of the Cr.P.C., the petitioner namely, Smti. Malati
Roy has prayed for pre-arrest bail apprehending arrest in connection with Paltanbazar P.S.
Case No. 816/2019, registered under Section 406, SectionIPC.
Perused the contents of the FIR lodged on 26.07.2019.
The Informant has stated that he has a friendly relation with the husband of the
petitioner since long. On the strength of such relation, the petitioner had requested for a loan
of Rs.3,00,000/- from him. The Informant had lent an amount of Rs.2,42,270/- to the
petitioner by Cheque, which the petitioner promised to return to the Informant. When the
Informant was not returned the borrowed amount either by the petitioner or by the husband
of the petitioner, he lodged the present FIR alleging cheating.
Having gone through the contents of the FIR and other materials made available in the
petition, the matters appears prima facie pf civil nature. In such view of the matter, custodial
interrogation of the present petitioner is found not necessary.
In view of the same, it is provided that if the petitioner is arrested in connection with
Paltanbazar PS Case No. 816/2019, he shall be released on furnishing a bail bond of
Rs.10,000/- with one suitable surety of the like amount, to the satisfaction of arresting
The petitioner shall appear before the investigating authority during the period of
investigation, as and when she is called by the investigating authority.
The bail application stands disposed of in the aforesaid terms.