Allowed

Bahez Uddin and 4 Ors. v. the State of Assam

Gauhati HC4 Feb 2020AB/109/2020

Case brief

AI extract

What is this about?

Hearing a petition under Section 438 CrPC for pre-arrest bail in a matrimonial cruelty and dowry death case. The Court found the allegations against the petitioners to be vague with no material evidence of dowry demand or physical torture, concluding that custodial interrogation was unwarranted.

What did the court decide?

Released on interim pre-arrest bail on furnishing a bond of Rs. 10,000/- each with one surety of like amount each.

Bahez Uddin and 4 Ors. Vs the State of Assam — Dowry and Cruelty | Gauhati HC (2020)

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GAHC010005622020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 109/2020

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1:BAHEZ UDDIN AND 4 ORS.

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S/O LT. HUSSAIN ALI, VILL. GHORAMARA PATHAR, P.S. CHHAYGAON, DIST. KAMRUP, ASSAM

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2: TAHAZ UDDIN S/O LT. HUSSAIN ALI VILL. GHORAMARA PATHAR P.S. CHHAYGAON DIST. KAMRUP ASSAM

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3: JAINUDDIN AHMED S/O LT. HUSSAIN ALI VILL. GHORAMARA PATHAR P.S. CHHAYGAON DIST. KAMRUP ASSAM

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4: ARAN ALI S/O LT. FEDU MANDAL VILL. HATISHALA PAM P.S. CHHAYGAON DIST. KAMRUP ASSAM

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5: SAHERA KHATUN W/O ARAN ALI VILL. HATISHALA PAM P.S. CHHAYGAON DIST. KAMRUP ASSA

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VERSUS

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1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B CHOWDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 04-02-2020

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By filing this petition, under Section 438 of the CrPC, petitioners, namely, 1) Bahez Uddin , 2) Tahaz Uddin, 3) Jainuddin Ahmed, 4) Aran Ali and 5) Sahera Khatun, have sought for pre-arrest bail in the event of arrest in connection with Chhaygaon P.S. Case No.1075/2019 registered u/s. 498(A)/313/304(B)/34 of IPC.

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Heard Mr. B. Chowdhury, learned counsel for the petitioners and Mr. NJ Dutta, learned Addl. P.P. for the State.

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Perused the case records and the case diary. Present accused-petitioners are the inlaws of the deceased, Sahida Begum, who was got married to the accused Meher Ali. Deceased, Sister of the informant, entered into marriage against the consent of their family members, in the last year and at the time of her two months pregnancy, she returned home wherein she died after staying two months in her parental house. The victim died in her parental house.

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The brother of the deceased alleged that the victim was forcefully administered some poisonous medicines by her husband and in-laws for which baby died inside womb and the victim also died subsequently for such reason.

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Post-mortem report does not indicate as to the cause of death as the viscera was sent for examination. Other evidence so available in the case diary, reveals that there are some

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sort of vague allegation, without any description in the matter of torture etc. to the effect that the victim was subjected to mental and physical torture by the accused persons. There is absolutely no such material as regards any demand of dowry etc. and no medical evidence is also surfaced to hold that miscarriage of the victim was done at the instance of the accused persons.

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Taking into account all above and the fact that save and except, some vague allegation of the deceased family, no any proper evidence is available against the accused petitioners, it transpires that custodial interrogation of the present accused-petitioners is not warranted. Considering all entirety of the matter, the petitioners, named above, shall be released on interim pre-arrest bail on furnishing bail bond of Rs.10,000/- each, with one surety of like amount each, in the event of arrest in connection with aforesaid caseto the satisfaction of the arresting authority.

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The application stands dispose of. Return the case diary.

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JUDGE

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Milansinha

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Comparing Assistant

Bahez Uddin and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bahez Uddin and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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