Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 9 January, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010005182023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/62/2023
SERIJUN BEGUM BARBHUIYA@SIRIBUN NESA BARBHIYA AND ANR
W/O LT. MAFASIL ALI BARBHUIYA R/O VILL. NUTAN RAMNAGAR PT- I P.S
SONAI DIST. CACHAR ASSAM
2: SALMA SULTANA LASKAR @ BARBHUIYA @ HIRAMONI
W/O SAHA ALOM LASKAR R/O VILL. KAPTANPUR PT-XII P.S AMARGHAT
DIST. CACHAR ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP,ASSAM
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
09.01.2023 Heard Mr. M. Khan, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
Page No.# 2/3
2. By this application under Section 438, Code of Criminal Procedure, 1973 [Cr.P.C.], the petitioners viz. (1) Serijun Begum Barbhuiya @ Siribun Nesa Barbhuiya and (2) Salma Sultana Laskar @ Barbhuiya @ Hiramoni have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Sonai Police Station Case no. 219/2022, registered under Sections 302/34, Indian Penal Code [IPC].
3. In the First Information Report [FIR], lodged on 13.11.2022, the informant has arraigned three persons as accused. The accused no. 1 [A-1] was the husband of the deceased whereas the accused no. 2 [A-2] and the accused no. 3 [A-3] are the mother-in-law and the sister-in-law respectively of the deceased. The husband of the deceased has already been arrested.
4. In the FIR, the informant has inter alia brought allegations of tortures meted to his sister by her in-laws. The informant has further alleged that his sister died due to drowning on 13.11.2022. But he has suspected that his deceased sister, who was seven months' pregnant, was killed by the accused persons, named in the FIR.
5. Mr. Khan, learned counsel for the petitioners has submitted that petitioner no. 1 is an old lady, aged about 65 years and no specific act was attributed to her qua the death of the deceased in FIR. He has further submitted that the petitioner no. 2 does not reside with her mother and lives at a separate place.
6. List the case on 07.02.2023 for production of the case diary along with the Page No.# 3/3 post mortem examination report.
7. Considering the age of about 65 years of the petitioner no. 1 as projected in the application and the projections made on her behlf, it is provided, in the interim, that in the event of arrest of the petitioner no. 1, viz. Serijun Begum Barbhuiya @ Siribun Nesa Barbhuiya in connection with Sonai Police Station Case no. 219/2022, she shall be released on bail on furnishing bail bond of Rs. 25,000/- with one local surety of the like amount, to the satisfaction of the arresting authority subject to the conditions that :
[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and shall cooperate with the investigation and shall thereafter, make herself available as and when her presence is required by the I.O. in the investigation of the case;
[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer; and [iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
JUDGE Comparing Assistant