Saiful Paramanik and 4 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010295272023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/12/2024o SAIFULoPARAMANIKoANDo4oORSo S/OoBAKKARoPARAMANIKo R/OoVILL-oTERARPARA,oP.S.oMANKACHAR,oDIST.oSOUTHoSALMARAo MANKACHAR,oASSAM 2:oBAKKARoPARAMANIK oS/OoSORHABoPARAMANIKo R/OoVILL-oTERARPARA oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM 3:oSAHIDAoKHATUN oW/OoBAKKARoPARAMANIKo R/OoVILL-oTERARPARA oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM 4:oHABIBULLAHoPARAMANIK oS/OoBAKKARoPARAMANIKo R/OoVILL-oTERARPARA oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM 5:oHASEMoPARAMANIK oS/OoSORHABoPARAMANIKo R/OoVILL-oTERARPARA oP.S.oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAo VERSUSo Page No.# 2/3 THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T AHMED Advocate for the Respondent : PP, ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

19.01.2024

This is an application under Section 438 of the CrPC in respect of Mankachar Police Station Case No.155/2022, registered under Sections 304B/34 of the Indian Penal Code (corresponding to G.R. Case No.403/2022). I have heard the learned counsel Mr. T. Ahmed appearing for the petitioners. Also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor representing the State of Assam. One Sonabuddin has alleged in the FIR dated 22.05.2022 that his sister Sona Khatun was married to Saiful Paramanik. He alleges that said Saiful Paramanik and his family members harassed her physically and mentally and ultimately, they killed her on 18.05.2022. The case diary reveals that after her marriage with Saiful Paramanik, late Sona Khatun had developed relationship with another person, Page No.# 3/3 named Habibullah. But Habibullah refused to marry her and therefore she committed suicide by hanging herself. Even the medical report shows that her death was due to hanging. Now, this Court is of the opinion that the present petitioners do not deserve to be detained in custody under the given facts and circumstances of the case. Accordingly, it is hereby directed that in the event of arrest in connection with Mankachar Police Station Case No.155/2022, registered under Sections 304B/34 of the Indian Penal Code (corresponding to G.R. Case No.403/2022), the petitioners- (1) Saiful Paramanik, (2) Bakkar Paramanik, (3) Sahida Khatun, (4) Habibullah Paramanik and (5) Hasem Paramanik shall be released on bail of ₹25,000/- each with a surety each of like amount to the satisfaction of the arresting authority. With the aforesaid direction, the application for bail is disposed of. Case diary shall be returned.

JUDGE Comparing Assistant