Mahawati Devi and 2 Ors v. The State of Assam

ORDER Date : 03.10.2024

Heard Mr. A.R. Shome, learned counsel appearing for the petitioners as well as Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail in respect of Tinsukia P.S. Case No. 250/2024.

¶3On 28.07.2024 at about 8 PM, one Roshan Sah was stabbed to death by Krishna Sah. The sister of the deceased has alleged in the FIR that the wife of the deceased, namely, Renu Devi, her mother Mahawati Devi, her brother-in-law Raja Sah alongwith some other family members including the accused Krishna Sah had jointly conspired and murdered the deceased.

¶4The case diary reveals that at the time of occurrence Mahawati Devi was at Bihar and there are no materials against Sita Devi and Sujit Sah @ Raja Sah.

¶5For the aforesaid reasons, the bail application of the petitioners is allowed.

¶6It is hereby directed that in the event of arrest in connection with Tinsukia P.S. Case No. 250/2024, the petitioners, 1. Mahawati Devi, 2. Sita Devi and 3. Sujit Sah @ Raja Sah shall be released on bail of Rs. 25,000/- each with a surety of like amount to the satisfaction of the arresting authority.

¶7All the three petitioners shall cooperate with the investigating officer as and when required.

¶8With the aforesaid direction, the bail application stands disposed of.

¶9The CD shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010176092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2341/2024o MAHAWATIoDEVIoANDo2oORSo W/OoBABULALoSAH 2:oSITAoDEVI oW/OoLATEoSHANKARoSAH 3:oSUJIToSAHoALIASoRAJAoSAH oS/OoLATEoSHANKARoSAHo ALLoAREoRESIDENTSoOF-o CHIRWAPATTY oTINSUKIA oP.O.oTINSUKIA oP.S.oTINSUKIA oDIST.oTINSUKIA oASSAM oPIN-78612o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPPoASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoRoSHOME,oMR.oPoMAZUMDERo AdvocateoforotheoRespondento:oPP,oASSAM,oAoRoMONDAL(INFORMANT),MR.oSo oooooooooooooooooooooooooooooooooooooooooooooooooooooISLAM(INFORMANT)oo oooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA