Johiran Bibi and Anr v. The State of Assam

ORDER

10.09.2024

¶1Heard Mr. A. Mannaf, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

¶2The petitioners, namely, (1) Johiran Bibi and (2) Elija Khatun @ Elija Begum, have approached this Court for the second time praying for grant of pre arrest bail who are apprehending arrest in connection with Mukalmua Police Station Case No. 136/2024 registered under Sections 120(B)/302 of IPC.

¶3This Court after perusal of the case diary rejected such prayer of the petitioners for grant of pre arrest bail under its order dated 02.07.2024 passed in AB/1491/2024, after finding that sufficient incriminating materials are available against the petitioners in the case diary.

¶4Under its order dated 19.08.2024, this Court had again called for the case dairy. Accordingly, the case diary has been produced by the learned Additional Public Prosecutor today.

¶5This Court has once again gone through the case diary. The materials so far collected are suggestive of the fact that both the petitioners actively participated in assaulting the victim and as a result of which victim died.

¶6That being the position, the basic argument of the learned counsel for the petitioners that it was not a case of murder but a case of assault do not find favour of this Court. This Court has also considered the stage of investigation, which also suggests that the custodial interrogation of the petitioners may be necessary.

¶7Yet another aspect of the matter is that this Court has not found any new grounds, which were not available when the bail was rejected by this Court under its order dated 02.07.2024 passed in AB/1491/2024.

¶8That being the position, the prayer of bail for the petitioners stand rejected. However, while parting with the record, it is made clear that the observations Page No.# 3/3 made in this order is for the purpose of consideration of the prayer of bail only and same should not be treated as affirmation of merit of the prosecution case.

¶9With the aforesaid determination and observations, this bail application stands dismissed.

¶10Case diary be returned back to the learned Additional Public Prosecutor.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010139312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2002/2024o JOHIRANoBIBIoANDoANR W/OoLATEoAKABBARoALIo VILL-oDARANGIPARAo(RESERVE)o P.O.oKANDHBARIoP.S.oMUKALMUAo DIST.oNALBARI oASSAMo PIN-781126 2:oELIJAoKHATUNo@oELIJAoBEGUM D/OoLATEoAKABBARoALIo VILL-oDARANGIPARAo(RESERVE)o P.O.oKANDHBARIoP.S.oMUKALMUAo DIST.oNALBARI oASSAMo PIN-781126 oVERSUS THEoSTATEoOFoASSAM TOoBEoREPoBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMR.oAoMANNAF Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY