Serijun Begum Barbhuiya@Siribun Nesa Barbhiya and Anr v. The State of Assam

ORDER

07.02.2023

¶1Heard Mr. M. Khan, learned counsel for the petitioners as well as Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State. Page No.# 2/3

¶2The petitioners, namely, (1) Serijun Begum Barbhuiya @ Siribun Nesa Barbhuiya and 2. Salma Sultana Laskar @ Barbhuiya @ Hiramoni have filed an application under Section 438 Cr.P.C. with prayer for pre-arrest bail in connection with Sonai P.S. Case No. 219/2022 under Sections 302/34 IPC.

¶3I have considered the submissions at the bar.

¶4I have perused the case diary.

¶5It is submitted on behalf of the petitioners that they have been roped in, in connection with the aforementioned case. They are not responsible for the death of the deceased.

¶6The FIR unfolds that the petitioner's wife was subjected to cruelty by the petitioner and his family members. Earlier a criminal case against the petitioner and his family members was lodged by the deceased which ended in a compromise.

¶7After the settlement, the petitioner prevented the deceased from calling her family members. On 13.11.2022 at about 6:00 A.M. the petitioner informed the informant's mother about the death of the deceased. The petitioner informed them that the deceased died as a result of drowning.

¶8The learned Addl. P.P. has raised objection that under mysterious circumstances, some injuries were detected on the body of the deceased.

¶9I have perused the case diary. The post-mortem report depicts that the petitioner's death is the result of ante-mortem drowning. It appears that investigation has progressed substantially.

10.I have considered that the petitioners are local residents. The petitioners have also submitted that they will not evade arrest.

11.Considering all aspects, the interim bail granted to the petitioner No. 1, vide order dated 09.01.2023, is hereby made absolute. In addition, the Page No.# 3/3 petitioners are to abide by the conditions imposed upon them vide order dated

09.01.2023.

¶12In the event of the arrest of the petitioner No. 2, namely, Salma Sultana Laskar @ Barbhuiya @ Hiramoni shall be enlarged on bail in connection with Sonai P.S. Case No. 219/2022 under Sections 302/34 IPC, on furnishing bail bond of Rs.25, 000/-with one suitable surety of like amount to the satisfaction of the arresting authority under the condition that:-

(1) the petitioner will refrain from such activities with which she is alleged; and

(2) the petitioner will not leave the jurisdiction of the trial Court without prior permission of the Eleka Magistrate, till completion of investigation.

¶13The application stands disposed of.

¶14Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010015802023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/62/2023 SERIJUN BEGUM BARBHUIYA@SIRIBUN NESA BARBHIYA AND ANR W/O LT. MAFASIL ALI BARBHUIYA R/O VILL. NUTAN RAMNAGAR PT- I P.S SONAI DIST. CACHAR ASSAM 2: SALMA SULTANA LASKAR @ BARBHUIYA @ HIRAMONI W/O SAHA ALOM LASKAR R/O VILL. KAPTANPUR PT-XII P.S AMARGHAT DIST. CACHAR ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND