Anjuma Begum v. The State of Assam

ORDER Date : 25.11.2024 Heard Ms. J. Paul, learned counsel for the petitioner, Mrs. Anjuma Begum, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as she is apprehending arrest in connection with Bharalumukh Police Station Case No. 180/2024 (G.R. Case No. 5889/24) under Sections 61(2)(a)/103(1)/238(a) of Bharatiya Nyaya Sanhita, 2023.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State, who has raised serious objections against the prayer for bail.

¶3The allegations against the petitioner is that her husband killed the deceased, Toybuddin Ahmed as the petitioner had an illicit relationship with the deceased, Toybuddin Ahmed.

¶4I have also scrutinized the Case Diary. It is true that there is allegation that the petitioner had illicit relationship with the deceased, Toybuddin Ahmed, who was killed by the husband of the petitioner.

¶5It is also submitted on behalf of the petitioner that she has been staying separately from her husband, Lal Hussain Ali since 2021 and there can be no conspiracy with her husband. The prime accused, Lal Hussain Ali has subjected to her cruelty and she brought up a case against him, and at present the Court has ordered maintenance order in her favour.

¶6I have also considered the submissions that the petitioner is willing to co-operate with the remaining part of the investigation and to abide by any bail Page No.# 3/3 conditions if imposed upon her. It is also submitted that the petitioner is a single mother with a 4 (four) year old son.

¶7Considering all aspects the anticipatory bail petition is allowed. In the event of her arrest, the petitioner Mrs. Anjuma Begum is to be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :

(i) the petitioner shall appear before the Investigating Officer within 1 (one) week and cooperate with the investigation,

(ii) the petitioner shall not tamper with the evidence and influence the witnesses and,

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶8On breach of any of the bail conditions, pre-arrest bail order shall automatically stand cancelled.

¶9In terms of the above observation, this Anticipatory Bail application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010220312024 ooooooo 2024:GAU-AS:11557 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2893/2024 ANJUMAoBEGUM W/OoLALoHUSSAINoALIo D/OoLATEoSAMSERoALIo PERMANENToRESIDENToOFoVILL-oSINGIMARI oALIKASHo P.O.oROWMARIo P.S.oHAJOo DIST.oKAMRUP oASSAM o PIN-781104o PRESENTLYoRESIDINGoAToR/OoSANTIPURoPROGOTIoROAD o P.O.oBHARALUMUKHo P.S.oBHARALUMUKHo DIST.oKAMRUPo(M) oASSAMo PIN-o781009 oVERSUS THEoSTATEoOFoASSAM REPoBYoTHEoPP oASSAM o------------ oAdvocateoforo:oMS.oJoPAUL Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND