Nameera Hussain and Anr v. The State of Assam

ORDER

12.02.2024 Heard Mr. N.N.B. Choudhury, learned counsel for the applicants and also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent. This application under Section 438 Cr.P.C. is preferred by two applicants, namely, Nameera Hussain and Javed Ali, who have been apprehending arrest in connection with Paltanbazar P.S. (MMR) Case No.59/2023, under Section 325/506/34 IPC, for grant of pre-arrest bail. The above noted case has been registered on the basis of an FIR lodged by the mother of the applicant No.1 Goljana Nessa. The essence of allegation made in the aforesaid FIR is that the daughter of the informant eloped with applicant No.2 Javed Ali along with Rs.25,000/-. Mr. Choudhury, learned counsel for the applicants submits that this Court, vide order dated 01.12.2023, was pleased to extend interim protection to the applicants and pursuant to the said order, they have appeared before the I.O. and they have been cooperating with the investigating agency. Further, Mr. Choudhury submits that both the applicants are major and at their own will they have got married and living together as husband and wife and therefore, it is contended that the interim order dated 01.12.2023, may be made absolute, in the same terms and conditions. On the other hand, Ms. A. Begum, learned Additional P.P. submits that the I.O. has already completed investigation and return the case in Final Report, being F.R. No.182/2023. Since Final Report has already been submitted by the I.O. after completion of investigation, there is no apprehension of arrest and as such, this petition becomes Page No.# 3/3 infructuous and accordingly, the same stands closed. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010269902023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4054/2023o NAMEERAoHUSSAINoANDoANRo WIFEoOFoJAVEDoALI,oRESIDENToOFoLALMATIoROAD,oGANDHIBASTI,o NORTHoSARANIA,oCHANDMARI,oPINCODE-o781003,oDISTRICT-oKAMRUPo (METRO),oASSAM,oPOLICEoSTATION-oCHANDMARI,oPOSToOFFICE-o SILPUKHURI 2:oJAVEDoALI oSONoOFoLATEoYASINoALI oRESIDENToOFoLALMATIoROAD oGANDHIBASTI oNORTHoSARANIA oCHANDMARI oPINCODE-o781003 oDISTRICT-oKAMRUPo(METRO) oASSAM oPOLICEoSTATION-oCHANDMARI oPOSToOFFICE-oSILPUKHURo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoNoBoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN