Churat @ Surut Ali and 2 Ors v. The State of Assam and Anr

ORDER Date : 09-02-2024 Heard Mr. G. Uddin, learned counsel for the petitioners Churat @ Surut Ali, Jarina Khatun and Jahirul Islam.

¶2The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as they are apprehending arrest in connection with Mererchar Police Station Case No. 02/2024 under Sections 366/323/376/34 IPC read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

¶3Notices were issued to the respondent No. 2 and notice has been received by the uncle of the informant.

¶4The petitioner No. 1 is the father, petitioner No. 2 is the mother and petitioner No. 3 is the elder brother of the FIR named accused. The FIR unfolds that accused named in the FIR kidnapped the victim and they informed her after a few days that they have solemnized marriage with the victim. Meanwhile the victim got pregnant. Preliminary enquiry report is annexed along with the petition marked as Annexure-1 series which clearly reveals that the informant has already entered into an amicable settlement Page No.# 3/3

¶5I have considered the submissions at the bar and I have also scrutinized the Case Diary. The petitioners are local residents and they have pledged to cooperate with the investigation. It appears that custodial interrogation may not be required for the progress of the investigation.

¶6Petition is hereby allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

i) The petitioners shall appear before the Investigating Officer within ten days and cooperate with the investigation.

ii) The petitioners shall not exercise threats to the witnesses.

¶7On breach of any bail conditions, bail order shall stand cancelled.

¶8Send back the Case Diary.

In the above terms this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010014622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/193/2024o CHURATo@oSURUToALIoANDo2oORS.o S/OoTAHERoALIo R/OoVILL-oGHORAMARAoPART-I,oP.O.oRANGAPANI,oP.S.oMERERCHAR,oDIST.o BONGAIGAON,oASSAM,oPIN-783384 2:oJARINAoKHATUN oW/OoCHURATo@oSURUToALIo R/OoVILL-oGHORAMARAoPART-I oP.O.oRANGAPANI oP.S.oMERERCHAR oDIST.oBONGAIGAON oASSAM oPIN-783384 3:oJAHIRULoISLAM oS/OoCHURATo@oSURUToALIo R/OoVILL-oGHORAMARAoPART-I oP.O.oRANGAPANI oP.S.oMERERCHAR oDIST.oBONGAIGAON oASSAM oPIN-78338o VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SHAJEDAoKHATUN oD/OoAYNALoHOQUEo VILL-oSHIMLABARIoPART-I o P.O.oRANGAPNAI oP.S.oMERERCHAR Page No.# 2/3 DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : MR ABDUL KALAM AZAD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND