Mofida Khatun and 4 Ors v. The State of Assam

ORDER

29.05.2024 Heard Mr S M Abdullah P, learned counsel for the petitioners, 1) Mofida Khatun, 2) Nur Nehar Begum, 3) Parbina Khatun, 4) Aklima Khatun and 5) Rashida Khatun.

¶2The petitioners have filed this application under Section 439 CrPC, with prayer for bail as they are behind bars since 19.05.2024, in connection with Rupahihat PS Case No. 116/2024, under Sections 147/148/149/447/325/ 307/436/379 of the Indian Penal Code, 1860..

¶3Heard Ms A Begum, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioners that they are housewives and their family is suffering as they are behind bars.

¶5The FIR reveals that the allegations against the petitioners is that they along with some other miscreants, armed with deadly weapons, trespassed into the informant's Page No.# 3/3 house and assaulted them, causing grievous injuries to several family members of the informant.

¶6The learned Additional Public Prosecutor has raised serious objection.

¶7It is submitted that the petitioners are willing to cooperate with the remaining part of the investigation.

¶8The petitioners are local residents and they are not flight risks.

¶9In view of my foregoing discussions and considering all aspects, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/-each, with one surety each of the like amount to the satisfaction of the learned SDJM Kaliabor, Nagaon, under the conditions that:-

i) the petitioners shall refrain from such activities, with which they are alleged,

ii) the petitioners shall not leave the jurisdiction of the Court without prior permission, till completion of investigation. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶10Bail Application stands disposed of.

¶11Send back the Case Diary JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010105102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1531/2024o MOFIDAoKHATUNoANDo4oORS.o W/OoHARUNoRASIDo R/OoVILL-oLAILURIo P.S.oRUPAHIHATo DIST.oNAGAON,oASSAM 2:oNURoNEHARoBEGUM oW/OoABULoKALAMo R/OoVILL-oLAILURIo P.S.oRUPAHIHATo DIST.oNAGAON oASSAM 3:oPARBINAoKHATUN oW/OoJOINALoUDDINo R/OoVILL-oLAILURIo P.S.oRUPAHIHATo DIST.oNAGAON oASSAM 4:oAKLIMAoKHATUN oW/OoGULJARoHUSSAINo R/OoVILL-oLAILURIo P.S.oRUPAHIHATo DIST.oNAGAON oASSAM 5:oRASHIDAoKHATUN oW/OoIMANoUDDINo R/OoVILL-oLAILURIo P.S.oRUPAHIHATo DIST.oNAGAON oASSAo Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND