Rahima Begum and 5 Ors v. The State of Assam

ORDER

23.01.2024

¶1Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the petitioners. Also heard Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

¶2This is an application under Section 438 of the Code of Criminal Procedure, Page No.# 3/4 1973 for granting anticipatory bail to the petitioners, namely 1) Rahima Begum 2) Afsana Begum 3) Rofsana Begum 4) Shilpi Begum Barbhuiya @Shilpi Begum 5) Jaytun Nessa @Moni Begum and 6) Kamrul Hoque @Kamrul Uddin in connection with Kalain P.S. Case No.214/2023 registered under Sections 147/366/341/328/307 of the IPC and subsequently added Sections 120B/302 of the IPC.

¶3It may be mentioned that by order dated 17.10.2023 this Court granted the privilege of interim pre-arrest bail to the petitioners subject to conditions.

¶4The case of the prosecution, in brief, is that the accused petitioner on

09.05.2023 kidnapped the informant's sister, namely Rasmina Begum and kept her confined and thereafter, harassed her. It is further alleged that the petitioners assaulted the victim with intention to kill her and also she was administered poisonous substance by mixing with milk. Later on, she was rescued from the hands of the accused persons with the help of police officials. Accordingly, a case was registered. Apprehending arrest, the present anticipatory bail application has been preferred.

¶5The case diary, as called for, is placed before the Court.

¶6Mr. D. Das, learned Addl. P.P. submits that the victim girl after being recovered, died on the next date and accordingly Sections 120B and 302 of the IPC have been added.

¶7I have considered the submissions made at the bar and perused the materials available on record including the case diary placed before this Court.

¶8It appears from the statement of the victim girl recorded under Section 161 Cr.P.C. that she had implicated the accused persons in the offences alleged.

¶9Considering the adverse materials available on the case diary and Page No.# 4/4 considering the nature of allegations, this Court is not inclined to grant pre-arrest bail to the petitioners at this stage.

¶10Accordingly, the prayer for pre-arrest bail stands rejected.

¶11The interim order dated 17.10.2023 stands vacated.

¶12Returned the case diary.

¶13The pre-arrest bail application stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010240442023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3598/2023o RAHIMAoBEGUMoANDo5oORS.o W/OoANOWARoUDDINo VILL-oNATANPUR,oP.O.oKALAINo P.S.KALAINo DIST.oCACHAR,oASSAMo PINoCODE-o788815 2:oAFSANAoBEGUM oD/OoANOWARoUDDINo W/OoKARIMoUDDINo VILL-oNATANPUR oP.O.oKALAINo P.S.KALAINo DIST.oCACHAR oASSAMo PINoCODE-o788815 3:oROFSANAoBEGUM oD/OoANOWARoUDDINo W/OoAZAHARoUDDINoKHANo VILL-oNATANPUR oP.O.oKALAINo P.S.KALAINo DIST.oCACHAR oASSAMo PINoCODE-o788815 4:oSHILPIoBEGUMoBARBHUIYAo@oSHILPIoBEGUM oW/OoKAMRULoHOQUEo VILL-oNATANPUR oP.O.oKALAINo P.S.KALAINo DIST.oCACHAR oASSAMo Page No.# 2/4 PIN CODE- 788815 5: JAYTUN NESSA @ MONI BEGUM W/O IMRUL UDDIN VILL- NATANPUR P.O. KALAIN P.S.KALAIN DIST. CACHAR ASSAM PIN CODE- 788815 6: KAMRUL HOQUE @ KAMRUL UDDIN S/O ANOWAR UDDIN VILL- NATANPUR P.O. KALAIN P.S.KALAIN DIST. CACHAR ASSAM PIN CODE- 78881 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A MANNAF Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI