Anowar Hussain and Anr v. The State of Assam

ORDER Date : 24.09.2024 Heard Mr. A.R. Sikdar, learned counsel appearing for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor for the state of Assam. Page No.# 2/3

¶2This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioners, Anowar Hussain and Mahiron Begum @ Mariam Bibi, who were arrested in connection with Hajo P. S. Case No. 296/2024.

¶3Late Nargish Khanam was married to Mohidul Hussain. Mohidul Hussain stayed in the state of Tripura because of his employment. So, the deceased used to stay in the house of her husband alongwith the present two petitioners, who are father-in-law and mother-in-law of Nargish Khanam. At the time of death the victim was pregnant.

¶4It was alleged in the FIR that the absence of Mohidul Hussain, these two petitioners and some other relatives, whose names were mentioned in the FIR had physically and mentally harassed Nargish Khanam. The brother of the deceased came to know on 13.08.2024 that his sister was beaten up and was also killed by hanging.

¶5The materials in the case diary have supported that the deceased had non-continuous ligature marks on her neck and she was pregnant at that time. Apart from that, there are no sufficient materials against the present two petitioners in the case diary. Both of them have already spent 42 days in judicial custody.

¶6For the aforesaid reasons, the bail application of the petitioners is allowed.

¶7Accordingly, the petitioners, namely, Anowar Hussain and Mahiron Begum @ Mariam Bibi, who were arrested in connection with Hajo P. S. Case No. 296/2024 shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned JMFC, Hajo. The bail application stands disposed of accordingly. Page No.# 3/3 The CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010184952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2727/2024 ANOWAR HUSSAIN AND ANR S/O LATE JOSHAN ALI, R/O VILL- KHOPANI KUCHI, P.S.-HAJO, DIST- KAMRUP, ASSAM 2: MAHIRON BEGUM @ MARIAM BIBI W/O ANOWAR HUSSAIN R/O VILL- KHOPANI KUCHI P.S.-HAJO DIST- KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA