Narjitara Begum v. The State of Assam

PageoNo.#o1/3 GAHC010150232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1947/2024o NARJITARAoBEGUMo W/OoPUTULoALIo R/OoVILL-oKACHARUAo P.O.oPUTHIMARI,oP.S.oKAMALPURo DIST.oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoGOGOI,o AdvocateoforotheoRespondento:oPP,oASSAM,oMRoMoRAHMAN(INFORMANT),MDoSo ALI(INFORMANT)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkR o

22.08.2024 Heard the learned counsel Mr. A. Gogoi appearing for the petitioner. I Page No.# 2/3 have also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor, Assam.

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

¶3Late Rijumoni Begum was married to Abdul Hai about 8 years prior to lodging of the FIR. After the birth of her second daughter, she was subjected to physical and mental torture by her husband and all other family members. They demanded dowry. As a dowry, on one occasion, Abdul Hai took an amount of Rs.1,40,000/- from the informant's family. Even after that, the entire family continued to harass her physically and mentally. Unable to bear all those things, Rijumoni Begum consumed poison. She was brought to the hospital where she breathed her last.

¶4The present petitioner is the wife of the brother of Abdul Hai. The case diary reveals that Abdul Hai was having an illicit relationship with the present petitioner.

¶5The learned counsel for the informant has objected to this bail application on the ground that the deceased was physically and mentally harassed by all the petitioners including the present petitioner though she lives in a separate house near the house of the deceased.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7There is no doubt that the deceased died because of consuming poison. But this Court is of the opinion that there is no sufficient materials to suggest that the present petitioner was directly involved in abetting the suicide of the deceased. Page No.# 3/3

¶8For the aforesaid reason, this Court is of the opinion that the present petitioner does not deserve to be detained in custody. Accordingly, her pre-arrest bail application is allowed.

¶9It is hereby directed that in the event of arrest in connection with Kamalpur P.S. Case No.104/2024, registered under Sections 108/3(5) of the BNSS, 2023, the petitioner Narjitara Begum shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the police investigating officer within next 10(ten) days from today. The application for bail is disposed of accordingly. Case diary shall be returned.

JUDGE Comparing Assistant