Naharul Islam Barbhuiya and 5 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010261182024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3252/2024o NAHARULoISLAMoBARBHUIYAoANDo5oORS.o S/OoLT.oMOINoUDDINoBARBHUIYA,oVILL-oVICHINGCHA-I,oP.O.- VICHINGCHA,oP.S.-HAILAKANDI,oDIST-oHAILAKANDI,oASSAM 2:oKHAIRULoISLAMoBARBHUIYA oS/OoLT.oMOINoUDDINoBARBHUIYA oVILL-oBORBONDoPARTo1 oP.O.-oBORBONDoPARTo1 oP.S.oANDoDIST-oHAILAKANDI oASSAM 3:oFAKRULoISLAMoBARBHUIYA oS/OoLT.oMOINoUDDINoBARBHUIYA oVILL-oBORBONDoPARTo1 oP.O.-oBORBONDoPARTo1 oP.S.oANDoDIST-oHAILAKANDI oASSAM 4:oAMIRUNoNESSA oW/OoLT.oMOINoUDDINoBARBHUIYA oVILL-oBORBONDoPARTo1 oP.O.-oBORBONDoPARTo1 oP.S.oANDoDIST-oHAILAKANDI oASSAM 5:oMOMTAZoBEGUMoBARBHUIYA oW/OoWAIZoUDDINoBARBHUIYA oVILL-oBORBONDoPARTo1 oP.O.-oBORBONDoPARTo1 oP.S.oANDoDIST-oHAILAKANDI oASSAM 6:oSAHANAZoPARBINoBARBHUIYA oW/OoNAHARULoISLAMoBARBHUIYA Page No.# 2/3 VILL-VICHINGCHA-I P.O.-VICHINGCHA P.S.-HAILAKANDI DIST-HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

17.12.2024

Heard the learned counsel Mr. A.M. Barbhuiya appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Hailakandi P.S. Case No.287/2024, registered under Sections 329(4)/115(2)/74/84/3(5) of BNS, 2023.

¶3The wife has lodged an FIR against her husband and his family members alleging that while she became pregnant, her husband wanted her pregnancy to terminate. On that issue, they had quarrels. She alleges that she was a lso beaten up to cause termination of her pregnancy. Page No.# 3/3

¶4The case records shows that on an earlier occasion, she had filed a case against her husband and family members and the case ended in acquittal of all the accused persons.

¶5Thereafter, the husband filed a complaint case against the informant/wife alleging that she had stolen a huge amount of money from him.

¶6According to Mr. Barbhuiya, the present FIR was lodged as a counterblast to the aforesaid complaint.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8It is the dispute between the husband and wife wherein the family members of the husband are also roped.

¶9This Court is of the opinion that for the allegation brought against the present petitioners, they do not deserve to be detained in custody. Accordingly, the pre-arrest bail application of the petitioners is allowed.

¶10It is hereby directed that in the event of arrest in connection with Hailakandi P.S. Case No.287/2024, registered under Sections 329(4)/115(2)/74/84/3(5) of BNS, 2023, the petitioners, namely- (1) Naharul Islam Barbhuiya, (2) Khairul Islam Barbhuiya, (3) Fakrul Islam Barbhuiya, (4) Amirun Nessa, (5) Momtaz Begum Barbhuiya and (6) Sahanaz Parbin Barbhuiya, they shall be released on bail of ₹20,000/- with sureties of like amount to the satisfaction of arresting authority.

¶11The aforesaid petitioners shall appear before the Investigating Officer within next 10(ten) days from today. They are also directed to co-operate with police investigation. With the above direction, the application for bail is disposed of.

JUDGE Comparing Assistant