Akheda Begum @ Rakeda Khatun v. The State of Assam and Anr

ORDER Date : 16.02.2024

Heard Mr. A.Z. Ahmed, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent No. 1.

¶2Apprehending arrest in connection with Mankachar P.S. Case No. 374/2023, under Sections 366(A)/342/34 of the IPC, this application under Section 438 Cr.P.C. has been preferred by the applicant, namely, Akheda Begum @ Rakeda Khatun, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Shahinur Islam on 30.09.2023. The essence of allegation made in the FIR dated 30.09.2023, is that on that day, at about 06:40 p.m. in the evening, one Monna Aziz, Mokter Hussain, Mominur Rahman, Mofior Rahman and Rakeda Khatun kidnapped his minor daughter, namely, Smt. X. (name withheld) aged about 15 years.

¶4Mr. Ahmed, learned counsel for the applicant submits that the applicant had been granted the privilege of interim pre-arrest bail by this Court, vide order dated 15.12.2023 and pursuant to the said order, she had also appeared before the I.O. and she has been cooperating with the investigating agency, and therefore, it is contended to allow the application.

¶5On the other hand, Mr. R.J. Baruah, the learned Addl. Public Prosecutor submits that he has received the case diary and confirmed appearance of the applicant before the I.O. concerned, and he also submits that the I.O. has achieved substantial progress in the investigation of this case and the main accused has been arrested. However, the present applicant has been implicated Page No.# 3/3 by the victim girl in her statement recorded under Section 164 of the Cr.P.C., and as such, Mr. Baruah has opposed the application.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Baruah, learned Addl. Public Prosecutor.

¶7The case diary indicates that the I.O. has achieved substantial progress in the investigation of the case. Though some materials are there in the statement of the victim girl recorded under Section 164 of the Cr.P.C. against the present applicant, yet it appears that she has been cooperating with the investigating agency pursuant to the order dated 15.12.2023.

¶8In that view of the matter, custodial interrogation of the applicant seems not be warranted and therefore, the order dated 15.12.2023 is hereby made absolute with the same terms and conditions.

¶9In terms of above, the application stands disposed of.

¶10Case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010281492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4208/2023o AKHEDAoBEGUMo@oRAKEDAoKHATUNo W/OoMUKTERoHUSSAINo VILL-KUKURMUAo P.O.oANDoP.S.oMAHENDRAGANJo DIST.oWESToGAROoHILLS,oMEGHALAYAo PIN-794106 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SHANHINURoISLAM oS/OoAZIZULoHOQUEo VIL-oMOYNABANDAo P.S.oSOUTHoSALMARAo DIST.oSOUTHoSALMARAoMANKACHAR o ASSAM oPIN-78313o AdvocateoforotheoPetitionerooooo:oMR.oLoRoMAZUMDERo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN