Soniara Begum v. The State of Assam

ORDER

14.05.2024 Heard Mr. M. Alam, learned counsel for the applicant and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Silchar P.S. Case No.650/2022 under Section 328/511 IPC, this application under Section 438 Cr.P.C. is preferred by the applicant, namely, Soniara Begum, for grant of pre-arrest bail. Page No.# 2/2

¶3It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Gulbahar Begum Mazumdar, on 11.03.2022. The essence of allegation made in the aforesaid FIR is that Soniara Begum Mazumdar is the daughter-in-law of the informant, who has been insisting her son to go to her parental home at Guwahati and stay there as their "Ghar Jamai". As she has opposed the said proposal of her daughter-in-law, she at 11:00 a.m. attempted to feed her rat killer by mixing the same with Roti.

¶4Mr. Alam, learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail vide order dated 09.04.2024 and pursuant to the said order, she had appeared before the I.O. and cooperating with the investigating agency and therefore, a contention is being made to make the interim order dated

09.04.2024, absolute, in the same terms and conditions.

¶5On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, submits that she has not received the case diary, but as per her instruction, the I.O. has completed investigation and returned the case in FR, being F.R. No.743, dated

30.04.2023.

¶6As the I.O. has not found any prima facie case being made out and returned the case in FR, this anticipatory bail application becomes infructuous and accordingly, the same stands closed. Consequently, the privilege of interim pre-arrest bail, granted vide order dated 09.04.2024, stands recalled.

¶7In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/2 GAHC010054182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/953/2024 SONIARA BEGUM D/O LATE SAMSUL HOQUE, R/O BAGHARBARI, GREEN LAND, 2ND BY- LANE, HOUSE NO. 41, P.S.-SATGAON, P.O.-PANJABARI, SIX MILE, DIST- KAMRUP (M), ASSAM, PIN CODE-781037 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A ALAM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN