Sarifan Bibi and 2 Ors v. The State of Assam

ORDER Date : 24-05-2024

¶1Heard learned counsel Ms. B. Gogoi for the petitioners.

¶2This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioners, namely, [1] Sarifan Bibi [2] Saha Ali Sheikh and [3] Shah Alam Sheikh who are apprehending arrest in connection with Bongaigaon P.S. Case No. 109/2024, under Sections 302/34 of the Indian Penal Code corresponding to the G.R. Case No. 187/2024.

¶3Heard Ms. S. Jahan, learned Addl. PP, Assam.

¶4The allegation is basically against the accused No. 1 Sahabuddin Seikh. The victim committed suicide as she was subjected to cruelty by her husband who used to assault her to meet his illegal demand of dowry. It is also alleged through the FIR that at the behest of the other accused which also includes the present petitioners, the main accused Sahabuddin Seikh used to subject the victim to cruelty. The cruelty exercised upon the victim drove her to commit suicide.

¶5I have considered the submissions at the Bar with circumspection. Prime accused has already been arrested in connection with this case. I have also considered the submission that the petitioner No.1 is 63 years old, the petitioner No. 2 is also an elderly person who is 57 years old and the petitioner No. 3 is a middle aged person who is 43 years old. I have scrutinised the Case Diary. Investigation has also progressed to a considerable extent. The petitioners have submitted that they will co-operate with the investigation. The Medico Legal Page No.# 3/3 Report depicts that death was result of suicide by hanging.

¶6Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail of Rs. 50,000/- 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 IO within 7 (seven) days and co-operate with the investigation; and ii. the petitioners shall not leave the jurisdiction of the Court without prior permission till completion of investigation. On breach of any bail conditions, bail order shall stand cancelled. Send back the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010070862024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/927/2024o SARIFANoBIBIoANDo2oORS.o W/OoLT.oJABANoALI,oR/OoVILL-oLINGDOBA,oP.O.-DHANTOLAoBAZAR,oP.S.- BONGAIGAON,oASSAM,oPIN-783372 2:oSAHAoALIoSHEIKH oS/OoLT.oHAZRAToALIoSHEIKH oR/OoVILL-oNANKARGAON oP.O.-DHANTOLAoBAZAR oP.S.-BONGAIGAON oASSAM oPIN-783372 3:oSHAHoALAMoSHEIKH oS/OoLT.oHAZRAToALIoSHEIKH oR/OoVILL-oLINGDOBA oP.O.-DHANTOLAoBAZAR oP.S.-BONGAIGAON oASSAM oPIN-78337o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRS.oBoGOGOIo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE Page No.# 2/3 HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND