GUWAHATI, India, July 22 -- Gauhati High Court issued the following order on June 23:
1. Heard Mr. A.A. Karim, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam.
2. The petitioners No. 1. Sri Jakir Hussain, 2. Smti. Monowara Khatun @ Monowara Bibi and 3. Smti. Jahanara Begum @ Jahanara Bibi, have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Dhubri Police Station Case No. 375/2024 under Section 61(2)(a)/103(1) of Bharatiya Nyaya Sanhita, 2023 corresponding GR No. 1240/2024.
3. The allegation against the petitioners is that they are involved in the offence of culpable homicide amounting to murder. The victim Samina Khatun was allegedly killed by the petitioners and by hanging the body with the help of a rope. The petitioners tried to project that the victim had committed suicide.
4. It is submitted on behalf of the petitioners that the victim had committed suicide and the petitioners are not the prime accused. They are the relatives of prime accused i.e. the husband of the victim i.e. Sri Monowar Hussain.
5. I have scrutinized the Case Diary and have also scrutinized the Case Record.
6. The petitioners were already granted interim bail by a Coordinate Bench of this Court. The petitioners have appeared before the Investigating Officer. Their statements have been recorded. The petitioners have cooperated with the investigation. The petitioners have not violated any bail conditions.
7. The merits of this case are not brought to the fore as investigation is still under progress.
8. In the wake of the foregoing discussions, the interim order dated 12.03.2025 is hereby made absolute.
9. In terms of the above observation, this Anticipatory Bail Application stands disposed of.
10. Send back the Case Diary.
Disclaimer: Curated by HT Syndication.
