Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 1 November, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010220762022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3174/2022
RUMANA BEGUM BARBHUYAN AND ANR
W/O ALTAF HUSSAIN LASKAR
R/O PUB JARONI, P.S. MURAJHAR, DIST. HOJAI, ASSAM
2: SUHANA BEGUM BARBHUYAN
W/O ABDUL WASIM AHMED
R/O 2 NO. PANIGAON KECHA ALI
P.S. NAGAON SADAR
DIST.NAGAON
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K BORUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 01.11.2022 Heard Mr. K. Boruah, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned APP appearing for the State.
Page No.# 2/3 Apprehending arrest in connection with Murajhar P.S. Case No. 258/2022, under sections 147/341/353/ 307/34 IPC, the petitioners have filed this application under section 438 Cr.P.C.
Let the case diary be produced on 21.11.2022.
The learned counsel for the petitioners has prayed for interim bail, which is opposed by the learned APP on the ground that the forwarding report of the I/O dated 22.10.2022 discloses that both the petitioners had obstructed the police to do their duty by trying to attack the police personnel when they had gone to apprehend their father in connection with Murajhar P.S. Case No. 257/2022.
The learned counsel for the petitioners has projected that a male child was born to the petitioner no.1 on 24.09.2022. It is also seen that both the petitioners are stated to be married daughters of the Abdul Gani Barbhuyan @ Gani Master, who is the prime accused in Murajhar P.S. Case No. 257/2022.
On consideration that the petitioners are the married daughters of the prime accused and that thee petitioner no.1 has a baby born on 24.09.2022, the Court is inclined to grant interim pre-arrest bail to the petitioners by providing that in the event of the arrest of the petitioners, namely, (1) Rumana Begum Barbhuyan, and (2) Suhana Begum Barbhuyan in connection with the aforesaid case, they shall be released on interim bail on furnishing bail bond of Rs.40,000/- each with one suitable surety of like amount to the satisfaction of the arresting officer.
The interim pre-arrest bail is granted on the following conditions:
1. The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when Page No.# 3/3 required.
2. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
3. The petitioners shall not obstruct the smooth progress of the investigation/trial.
4. The petitioners shall not misuse their liberty in any manner.
5. The petitioners shall appear before the I/O within 7 (seven) days from today, failing which, the interim protection shall lapse on the 8 th day.
List on 21.11.2022.
JUDGE Comparing Assistant