Sahida Khatun v. The State of Assam

ORDER

16.09.2024 Heard Mr S Nawaz, learned counsel for the petitioners, 1) Sahida Khatun, 2) Salima Page No.# 2/3 Khatun and 3) Sahidur Rahman who have filed this application under Section 438 of the CrPC, 1973, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Jogighopa PS Case No. 62/2024, under Sections 302/34 of the Indian Penal Code, 1860.

¶2Also heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioners is that they have caused the death of the victim, Mariyam Bewa.

¶4It is submitted on behalf of the petitioners that death was accidental. It is submitted that both the parties, i.e., the petitioner's side and the informant's family members were engaged in a scuffle. When Mohibul Islam and Sahidur Rahman were fighting, their mother tried to stop the fight and at that time, she fell down and sustained injuries on her head. This head injury was fatal in nature and the deceased victim succumbed to her head injuries.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have scrutinized the Case Diary as well as the Post-Mortem Report.

¶7The merits of this case are not brought to the fore as investigation is still under progress. However, it appears that bail may be granted to the petitioners. The petitioners have pledged to cooperate with the remaining part of investigation and to abide by any stringent bail conditions, if imposed upon them.

¶8Investigation has also progressed to a considerable extent. Page No.# 3/3

¶9Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each, with a suitable surety each of like amount to the satisfaction of the arresting authority, under the conditions that:

i) the petitioners shall appear before the IO within one week and cooperate with the investigation,

ii) the petitioners shall maintain the peace,

iii) the petitioners shall not exercise threats to the witnesses, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission.

9.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010087252024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1138/2024 SAHIDA KHATUN W/O AKBAR ALI VILL- BHARALKUNDI PART-10, P.S. JOGIGHOPA, IN THE BONGAIGAON DISTRICT OF ASSAM. 2: SALIMA KHATUN D/O LATE SALAM BEPARI VILL- BHARALKUNDI PART-10 P.S. JOGIGHOPA IN THE BONGAIGAON DISTRICT OF ASSAM. 3: SAHIDUR RAHMAN S/O LATE ANOWAR ALI VILL- BHARALKUNDI PART-10 P.S. JOGIGHOPA IN THE BONGAIGAON DISTRICT OF ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A W AMAN, SAMIM RAHMAN,MR S A BARBHUYAN,MS SURAYA RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND