Arjina Khatun @ Morjina Begum and Anr v. The State of Assam

ORDER

06.10.2023 Heard Mr. A. Paramanik, learned counsel for the petitioners. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State of Assam. This application under section 438 of the Code of Criminal Procedure, Page No.# 2/3 1973 has been filed by the petitioners, namely, Arjina Khatun @ Morjina Begum and Hanufa Khatun, who are apprehending arrest in connection with Nagarbera P.S. Case No. 91/2023 under Sections 304-B / 34 of the Indian Penal Code. The accusation in this case is that on 06.09.2023, one Nasib Ali lodged an FIR before the Officer-In-Charge of Nagarbera Police Station, inter-alia, alleging that the daughter of the first informant was married to Hafijur Rahman, who has been named as an accused No. 1 in the FIR, about 5 years prior to lodging of the FIR and since the date of the marriage, the accused persons named in the FIR including the present petitioners used to subject her to cruelty both physically and mentally. It is also alleged that the petitioners used to demand dowry from the daughter of the first informant and on 05.09.2023, the accused persons named in the FIR poured petrol on the daughter of the first informant and burnt her. It is stated in the FIR that the daughter of the first informant was taken to GMCH however she succumbed to her injuries at Hospital. On receipt of the said FIR, Nagarbera PS case no. 91/2023 was registered. Mr. A. Paramanik, learned counsel for the petitioners has submitted that the petitioners are innocent and they have been implicated by the father of the deceased falsely in the FIR lodge against them. On the other hand, Mr. K.K. Das, learned Additional Public Prosecutor vehemently opposed the grant of pre-arrest bail to the present petitioners on the ground that the offence involved in this case is heinous in nature and there are incriminating materials against the present petitioners in the case diary. However, he fairly submits that otherwise the investigation has been fairly progressed and statements of the accused persons as well as witnesses have been recorded. Page No.# 3/3 The present petitioners were granted interim anticipatory bail vide an order dated 28.09.2023 and it is submitted that they have cooperated in the investigation. Considering the submissions made by learned counsel for both sides as well as considering the fact that the investigation has fairly progressed and also considering the fact that the main accused i.e. the husband of the deceased namely Hafijur Rahman has already been granted bail in Bail Appln./3346/2023 today itself, further custodial detention of the present petitioners does not appear to be necessary for fair completion of the investigation of Nagarbera P. S. Case No. 91/2023. In view of the above, the interim anticipatory bail granted to the above named petitioners is hereby made absolute. Subject to following conditions: i. That the petitioners shall not directly or indirectly make any inducement, threat, or promise to the first informant or any other person who is acquainted with the facts of the case, so as to dissuade such persons from disclosing such facts to the Investigating Officer of the said case or any Court. ii. That the petitioners shall co-operate with the Investigating Officer of the Nagarbera P. S. Case No. 91/2023. With the above observations, this bail application is accordingly disposed of. Sent back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010212062023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3279/2023 ARJINA KHATUN @ MORJINA BEGUM AND ANR D/O - RAHIM ALI , R/O-NO-1 PALAHARTARI PS- NAGARBERA DISTRICT - KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM. 2:HUNAFA KHATUN W/O - RAHIM ALI D/O - RAHIM ALI R/O-NO-1 PALAHARTARI PS- NAGARBERA DISTRICT - KAMRUP ASSA Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA