Gauhati High Court
Page No.# 1/3 vs The State Os Assam on 26 August, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010118072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1918/2021
SAHERA KHATUN
W/O SHAHID ALI
R/O VILL- CHAILABARI PT.I
P.S. MERER CHAR
DIST. BONGAIGAON, ASSAM
2: FATEMA KHATUN
W/O MOFIZ UDDIN
R/O VILL- BALARCHAR PT.III
P.S. MERER CHAR
DIST. BONGAIGAON
ASSA
VERSUS
THE STATE OS ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
26.08.2021 Hearing held through virtual mode.
Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the accused Page No.# 2/3 petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioners, namely
i) Sahera Khatun and ii) Fatema Khatun have prayed for grant of bail in connection with Mererchar P.S. Case No. 76/2021 under Sections 120B/498A/313/302/201/506/34 of the IPC.
The case diary along with the post mortem report, as called for, is placed before the Court.
Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the accused petitioners, contends that the accused women are in judicial custody for 27 days based on a false and fabricated F.I.R. lodged after inordinate delay and on mere suspicion by reason of internal family feud.
Mr. P. Borthakur, learned Addl. P.P., submits that the post-mortem report shows that the cause of death of the deceased Mozibul Haque, aged about 3 years, was asphyxia as a result of antemortem drowning and there was no eye witness.
The F.I.R. reveals the allegation that the informant had been subjected to mental and physical torture since after her marriage with one Abul Kashem. During the informant's first pregnancy of 6 months, said Abul Kashem damaged the child by administering medicine. Thereafter, she gave birth to a male child. It is alleged that on 24.06.2021, when the informant was sleeping due to fever, the FIR named accused Nos. 4 and 5, namely Sahera Khatun and Fatema Khatun in conspiracy with said Abul Kashem, killed her 3 years old child namely, Mojibul Hoque and threw him into a pond along with a ball. Later on, when the villagers recovered the dead body of Mojibul and examined him by shaking his Page No.# 3/3 head, blood, rice and foam came out of his mouth instead of water. It is further alleged that the FIR named accused Nos. 2 and 3 physically tortured and threatened the informant.
On hearing the learned counsel of both sides and perusal of the averments made in the petition along with the prima facie evidence so far collected by the investigating officer, this Court is of the opinion that further continuation of detention of the accused persons in the interest of the ongoing investigation may not be required.
Accordingly, it is provided that each of the accused petitioners, named above, who are lady shall be released on bail of Rs. 20,000/- (Rupees Twenty Thousand) each with one surety of like amount to the satisfaction of the learned S.D.J.M. (M), NSM, Abhayapuri subject to the following conditions-
i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required; and
ii) That the accused/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 the Police Officer or the Court.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant