Moriam Nessa @ Moriam Begum and 3 Ors v. The State of Assam

ORDER Date : 25-06-2024 Heard Mr. P. Hazarika, learned counsel for the petitioners.

¶2The petitioners, namely, [1] Moriram Nessa @ Moriam Begum [2] Md. Saiful Hussain [3] Md. Anar Hussain and [4] Md. Noor Hussain have filed this application u/s 438 Cr.PC with prayer of pre-arrest bail as they are apprehending arrest in connection with North Lakhimpur Police Station Case No. 132/2024 under Sections 498 A/306/34 IPC.

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State.

¶4The allegation against the petitioners is that they have instigated the accused No. 1 Md. Maqbul Hussain to subject the victim to cruelty. This provoked the victim to commit suicide.

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

¶6It is submitted on behalf of the petitioners that there are no allegations against the father and the brother of the main accused and they are entitled to interim bail.

¶7The FIR however reflects allegation of instigation against all the petitioners. Serious allegations are leveled against the petitioner No. 1.

¶8The learned Additional Public Prosecutor has raised objection stating that there are grave incriminating materials basically against the in-laws of the Page No.# 3/3 deceased victim.

¶9I have perused the Case Diary. Indeed there are grave incriminating materials against the petitioner Nos. 1 and 2. The petitioner No. 2 was granted interim bail. The interim bail order is vacated. At this juncture, the merit of the case is not brought to the fore. I have considered the magnitude of the offence and the role attributed to the petitioner Nos. 1 and 2. There appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner Nos. 1 and 2. Hence, prayer for anticipatory bail in respect of petitioner Nos. 1 and 2 stands rejected at this stage.

¶10The prayer for interim bail in respect of petitioner No. 3 and petitioner No. 4 is allowed.

¶11In the event of arrest of the petitioner No. 3 and petitioner No. 4, they shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner Nos. 3 and the petitioner No. 4 shall appear before the Investigating Officer and cooperate with the investigation.

¶12In the above terms and observations, Anticipatory Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010104882024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1384/2024o MORIAMoNESSAo@oMORIAMoBEGUMoANDo3oORSo W/OoMD.oSAIFULoISLAM,oR/OoNO.o2oBORSOLAoVILLAGE,oP.S.-NORTHo LAKHIMPUR,oDIST-oLAKHIMPUR,oASSAM 2:oMD.oSAIFULoHUSSAIN oS/OoLT.oNEWAJoALI oR/OoNO.o2oBORSOLAoVILLAGE oP.S.-NORTHoLAKHIMPUR oDIST-oLAKHIMPUR oASSAM 3:oMD.oANARoHUSSAIN oS/OoMD.oSAIFULoISLAM oR/OoNO.o2oBORSOLAoVILLAGE oP.S.-NORTHoLAKHIMPUR oDIST-oLAKHIMPUR oASSAM 4:oMD.oNOORoHUSSAIN oS/OoMD.oSAIFULoISLAM oR/OoNO.o2oBORSOLAoVILLAGE oP.S.-NORTHoLAKHIMPUR oDIST-oLAKHIMPUR oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oPoHAZARIKAo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND