Miftah Sultana v. The State of Assam

ORDER

27.02.2024

Heard Mr. R. I. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of Page No.# 2/2 pre-arrest bail to the petitioner, namely, Miftah Sultana, apprehending arrest in connection with Murajhar P.S. Case No. 154/2023 registered u/s 328/376 of the IPC read with Section 67A of the IT Act. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 03.08.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 03.08.2023 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required; and

(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010156782023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2669/2023 MIFTAH SULTANA W/O MAHMOD ALI R/O SINGIRPAR P.S. MURJHAR, DIST. HOJAI, ASSAM NOW RESIDING AT MASJID ROAD, LUMDING, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI