Hafizur Rahman and 4 Ors v. The State of Assam

ORDER

16.05.2024

Heard Mr. A. Islam, learned counsel for the applicants and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Agomoni P.S. Case No. 05/2024, under Sections 365/34 of the IPC, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicants namely, Hafizur Rahman; Minu Khatun @ Minu Bibi; Gias Uddin Sheikh @ Gias Uddin Ahmed; Sapiyar Rahman; and Sopiya Bibi @ Mailu Bibi for grant of pre-arrest bail.

¶3The said case has been registered on the basis of an FIR lodged by one Kasem Ali, on 20.01.2024. The essence of allegations made in the FIR is that on the night of 19.01.2024, at about 8/8:30 pm, one Manik @ Suel Rana, son of Hafijur Rahman, kidnapped his daughter, namely Smti 'X' (name withheld), aged 17 years, from his house.

¶4Mr. Islam, learned counsel for the applicants submits that this Court Page No.# 3/3 was pleased to grant interim protection to the applicants, vide order dated

01.05.2024, and pursuant to the said order, the applicants had appeared before the I.O. and cooperating with the investigating agency and therefore, it is contended to make the interim order dated 01.05.2024, absolute in the same terms and conditions.

¶5On the other hand, Mr. Gogoi, learned Additional Public Prosecutor by producing the case diary before this court, confirms that the applicants had appeared before the I.O. and cooperating with the investigating agency. However, Mr. Gogoi submits that the main accused is yet to be arrested and the victim girl is also yet to be recovered and that the investigation is going on and therefore, it is contended to dismiss the petition.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7In view of the submissions of learned counsel for both the parties and also considering the fact that the applicants have been cooperating with the investigating agency, this Court is of the view that custodial interrogation of the applicants may not be unwarranted here in this case. And therefore, this Court is inclined to make the interim order dated 01.05.2024, absolute in the same terms and condition.

¶8In terms of above this AB stands disposed of.

¶9The case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010084152024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1116/2024o HAFIZURoRAHMANoANDo4oORS.o S/OoHOSSENoALIo R/OoVILL-oTUSHPARAo P.O.oGASHBARI,oP.S.oBILASIPARAo DIST.oDHUBRI,oASSAMo PIN-788348 2:oMINUoKHATUNo@oMINUoBIBI oW/OoHAFIZURoRAHMANo R/OoVILL-oTUSHPARAo P.O.oGASHBARI oP.S.oBILASIPARAo DIST.oDHUBRI oASSAMo PIN-788348 3:oGIASoUDDINoSHEIKHo@oGIASoUDDINoAHMED oS/OoMOJIBORoRAHMANo R/OoVILL-oBELGURIoPART-IIo P.S.oAGOMONI oDIST.oDHUBRI oASSAM 4:oSAPIYARoRAHMAN oS/OoGIASoUDDINo R/OoVILL-oBELGURIoPART-IIo P.S.oAGOMONI oDIST.oDHUBRI oASSAM 5:oSOPIYAoBIBIo@oMAILUoBIBI oS/OoGIASoUDDINo R/OoVILL-oBELGURIoPART-IIo P.S.oAGOMONI Page No.# 2/3 DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN