Akruma Khatun v. The State of Assam and Anr

ORDER Date : 19.03.2024

Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioner, namely, Akruma Khatun, apprehending arrest in connection with Mankachar P.S. Case No. 24/2024, registered under Section 376(2)(n)/376(3)/ 317 IPC r/w Section 6 POCSO Act. Mr. Das, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and her statement has already been recorded after she was granted interim protection. She has not misused the liberty granted to her; rather, she co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Goswami, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. As the statement of petitioner has already been recorded by the investigating officer and as such, her custodial interrogation may not be required. I have considered the submission made by the learned counsel for the parties and also perused the case diary. Page No.# 3/3 It appears that the petitioner has not misused the liberty granted to her while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 23.02.2024, is made absolute on the same terms and conditions, as reflected. The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010037242024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/443/2024o AKRUMAoKHATUN W/OoANSARoALIo PERMANENToRESIDENToOFoVILL-oNO.o2oPUBERoGAON oP.S.oMANKACHAR oINoTHEoSOUTHoSALMARA-oMANKACHARoDISTRICToOFoASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR. TOoBEoREPoBYoTHEoPP oASSAM 2:xxxxxxx xxxxxxo R/OoMOISHALDANGA oP.O.oPURANDIARA P.S.MANKACHAR o DIST.oSOUTHoSALMARAoMANKACHAR oASSAM o------------ oAdvocateoforo:oMRoAoWoAMAN Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI