Muzakkir Alom @ Moina v. The State of Assam

ORDER

20.09.2024

Heard Mr. N Uddin, learned counsel for the petitioner and Mr. K Baishya, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 by the petitioner, namely, Muzakkir Alom @ Moina, praying for release on bail, who was arrested in connection with Hojai P.S. Case No. 239/2024. In the year, 2021, the petitioner himself was a minor and was fell in love with a minor girl. Both Page No.# 2/2 went to Dimapur and stayed there for several days and after that, their parents brought them to their own house. Thereafter, both sides have made an agreement that when the boy and the girl will become major, they will be married. But, when they became major, the mother of the girl made the proposal to the parents of the boy to marry her girl with their boy. Then, the parents of the boy informed her that the boy had already married somebody else. Hence, these are the allegations made in the FIR against the petitioner. It is submitted that the petitioner has already spent 33 days in custody. Having heard the learned counsel of both sides, this court is of the opinion that the petitioner does not deserve to be detained in custody for further period of time. Accordingly, the bail prayer of the petitioner is allowed. The petitioner, Muzakkir Alom @ Moina, who was arrested in connection with Hojai P.S. Case No. 239/2024, shall be released on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hojai, Sankardev Nagar. The bail application is disposed of. Return the Case Dairy.

JUDGE

Comparing Assistant

Page No.# 1/2 GAHC010181512024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2650/2024 MUZAKKIR ALOM @ MOINA S/O ATAUR RAHMAN RESIDENT OF DAKHIN ASHINAGAR, PS AND DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD. SAFIQUL ISLAM, MR. A HOQUE,MR S K CHHETRY,MR. M ISLAM,MR. N UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA