Allowed

Miss Sahida Begum and Anr. v. the State of Assam

Gauhati HC7 Dec 2020AB/2514/2020

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail under Section 438 Cr.P.C. in a kidnapping case. The High Court noted the victim had married the accused and lived in UP, receiving evidence via WhatsApp. Holding custodial detention unwarranted for investigation, the application was allowed with a bail bond and standard conditions to prevent tampering.

What did the court decide?

Pre-arrest bail accepted upon furnishing a bail bond of Rs. 25,000 each with two local sureties, subject to specific conditions regarding investigation and travel.

Miss Sahida Begum and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2020)

¶1

Page No.# 1/3

¶2

GAHC010127522020

¶3

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

¶4

Case No. : AB/2514/2020

¶5

MISS SAHIDA BEGUM AND ANR.

¶6

D/O HAREJ ALI, R/O SATGAON NOAPARA, NEAR BRIDGE, P.O.-PANJABARI, P.S.-SATGAON, DIST-KAMRUP(M), ASSAM

¶7

2: SAMIRAN NESSA W/O HAREJ ALI R/O SATGAON NOAPARA NEAR BRIDGE P.O.-PANJABARI P.S.-SATGAON DIST-KAMRUP(M) ASSA VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶9

Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : PP, ASSAM

¶10

BEFORE

¶11

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶12

07.12.2020

¶13

Heard Mr. M. J. Quadir, learned counsel for the petitioners and Mr. H. K. Sarma, learned Additional Public Prosecutor, Assam for the State.

¶14

The petitioners, namely, (i) Miss Sahida Begum and (ii) Samiran Nessa , have filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending their arrest in Satgaon Police Station Case No. 125/2020 registered under Sections 366/34 IPC corresponding to G.R. Case

¶15

Page No.# 2/3

¶16

No. 5789/2020.

¶17

Petitioners earlier preferred a pre-arrest bail application in said Satgaon P.S. Case No. 125/2020 being AB No. 2029/2020.

¶18

During the initial stage of the investigation of said Satgaon P.S. Case No. 125/2020 and on perusal of the case diary, the said pre-arrest bail prayers of the petitioners were rejected by order dated 03.09.2020 passed in said AB No. 2029/2020.

¶19

By this application, the petitioners submitted before the Court that the victim had already informed the informant of the case i.e., her father that she got married with her boyfriend and they are living happily at Kanpur, State of Uttar Pradesh.

¶20

Considering such submission of the petitioners, the Court directed the concerned Investigating Officer of Satgaon P.S. Case to re-record the statement of the informant of the said case under Section 161 CrPC and to place it before the Court.

¶21

Accordingly, Mr. Sarma, learned Additional Public Prosecutor, Assam has placed before the Court such statement of the informant re-recorded under Section 161 CrPC on 13.11.2020.

¶22

From the said statement of the informant of the case, it is seen that the victim got married to her boyfriend who belongs to Hindu community and fearing that the informant i.e., her father as well as her family members will not accept their marriage, she at her own volition with her boyfriend, left her residence to Kanpur where they got married and are living together as husband and wife.

¶23

Record also reveals that the victim sent whatsapp messages to the informant in his mobile number regarding their marriage.

¶24

Considering such statement of the informant recorded by the concerned Investigating Officer of the case and the materials available in the case dairy, the Court is of the view that custodial detention of the petitioners, namely, (i) Miss Sahida Begum and (ii) Samiran Nessa , are not warranted to investigate the said Satgaon P.S. Case No. 125/2020. As such, this pre-arrest bail application of the petitioners is accepted.

¶25

Accordingly, in the event of arrest of the petitioners, namely, (i) Miss Sahida Begum and (ii) Samiran Nessa , in said Satgaon P.S. Case No. 125/2020, they shall be released on bail on furnishing a bail bond of Rs.25,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction

¶26

Page No.# 3/3

¶27

of the arresting authority, subject to the conditions that the petitioners, named above (i) shall appear before the concerned Investigating Officer of said Satgaon P.S. Case No. 125/2020, on or before 15.12.2020 and thereafter, as and when they are required, for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Satgaon Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer.

¶28

Any violation of any of the aforesaid terms and conditions by the petitioners, named above, pre-arrest bail granted to them in said Satgaon P.S. Case No. 125/2020, shall stand automatically vacated.

¶29

With the aforesaid observations and direction, this pre-arrest bail application of the petitioners, named above, in said Satgaon P.S. Case No. 125/2020 stands allowed to the extent above.

¶30

Return the case diary herewith.

¶31

JUDGE

¶32

Comparing Assistant

Miss Sahida Begum and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Miss Sahida Begum and Anr. 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

Similar cases

Kishor Deka Vs the State of Assam

Basanta Talukdar @ Basistha Vs the State of Assam

Mousumi Thakuria and Anr. Vs the State of Assam

Om Nath Chetry and Anr. Vs the Union of India

Syeda Mishali Naza Vs the State of Assam and 3 Ors.

Pulak Deka Vs Assam Public Service Commission and 4 Ors.