Md. Suef Ali and Anr v. The State of Assam

ORDER Date : 27.08.2024 Heard Mr. A. Gogoi, the learned counsel appearing for the petitioners as well as Mr. P. Borthakur, the learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners in respect of Kamalpur P.S. Case No.104/2024 registered under Sections 108/3(5) of the BNSS, 2023.

¶3It is alleged in the FIR that Ms. Rijumoni Begum, after 8 years of marriage with Abdul Hai and after becoming a mother of two children, had committed suicide by consuming poison because her husband and his relatives meted out physical and mental harassment upon her for demand of dowry. On one occasion Abdul Hai had taken Rs.1,40,000/- from her parents and his wife.

¶4The postmortem report states that the cause of death of the victim could not be ascertained and her viscera was sent to FSL. The case diary reveals that the deceased had consumed zinc phosphide.

¶5So far as implication of the present petitioners is concerned, some witnesses have implicated them that they have also caused harassment to the deceased.

¶6The deceased was subjected to harassment for the last 8 years but she never made a complaint before anyone.

¶7I have considered the submissions made by the learned counsels of both sides.

¶8This Court is of the opinion that the petitioner, Md. Suef Ali does not deserve to be detained in custody for the allegation brought against him. Therefore, the prayer of pre-arrest bail made by the petitioner Md. Suef Ali is allowed.

¶9It is hereby directed that in the event of arrest in connection with Kamalpur P.S. Case No. 104/2024, the petitioner Md. Suef Ali shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the arresting authority. He shall co-operate with Page No.# 3/3 the Investigating Officer within next 10 days from today.

¶10The other petitioner, Md. Mustafa Hussain @ Mustafa Ali had already been arrested by police. Therefore, no order is required to be passed against him.

¶11The bail application stands disposed of. The case diary shall be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010150222024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1946/2024o MD.oSUEFoALIoANDoANR.o SOoLATEoRAMJANoALIo R/OoVILL-oKACHARUAo P.O.oPUTHIMARI,oP.S.KAMALPURo DIST.oKAMRUP,oASSAM 2:oMD.oMUSTAFAoHUSSAINo@oMUSTAFAoALI oS/OoLATEoRAMJANoALIo R/OoVILL-oKACHARUAo P.O.oPUTHIMARIo P.S.oKAMALPURo DIST.oKAMRUP oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoGOGOI,o AdvocateoforotheoRespondento:oPP,oASSAM,oMRoMoRAHMAN,MDoSoALIoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA