Allowed

Morjina Bibi @ Mira Begum and 4 Ors. v. the State of Assam

Gauhati HC12 Aug 2022AB/1137/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted absolute pre-arrest bail to five petitioners accused under Section 498A IPC. The court held that custodial interrogation was unnecessary as they had already recorded statements and no injury report substantiated the allegation of assault, making their release non-prejudicial to the investigation.

What did the court decide?

The interim protection was made absolute on conditions of cooperation with investigation and non-interference with witnesses or evidence.

Morjina Bibi @ Mira Begum and 4 Ors. Vs the State of Assam — Dowry and Cruelty | Gauhati HC (2022)

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GAHC010080372022

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

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Case No. : AB/1137/2022

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MORJINA BIBI @ MIRA BEGUM AND 4 ORS W/O. FORHAD ALI, R/O. DAMPUR, FAKIR CHUPA, P.S. HAJO, DIST. KAMRUP, ASSAM.

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2: FORHAD ALI

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S/O. LT. IDRIS ALI R/O. DAMPUR FAKIR CHUPA P.S. HAJO DIST. KAMRUP ASSAM.

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3: INAMUL AKHTAR @ INJAMUL HOQUE S/O. FORHAD ALI R/O. DAMPUR FAKIR CHUPA P.S. HAJO DIST. KAMRUP ASSAM.

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4: INUL ALI @ AINUL HOQUE S/O. LT. RANGSA ALI VILL. BAMUNIGAON P.O. CHANGSARI P.S. KAMALPUR DIST. KAMRUP ASSAM.

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5: JESHMIN AKHTAR @ JESIN BAGUM W/O. INUL ALI D/O. FORHAD ALI VILL. BAMUNIGAON P.O. CHANGSARI

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P.S. KAMALPUR DIST. KAMRUP ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR. N J DUTTA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 12-08-2022

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Mr. N.J. Dutta, learned counsel for the petitioners and Mr. K.K. Das, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Morjina Bibi @ Mira Begum, [2] Forhad Ali, [3] Inamul Akhtar @ Injamul Hoque, [4] Inul Ali @ Ainul Hoque and [5] Jeshmin Akhtar @ Jesin Begum have approached this Court seeking the benefit of prearrest bail, apprehending their arrest, in connection with Hajo Police Station Case no. 425/2022 registered for the offence punishable under Section 498[A], Indian Penal Code.

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In the First Information Report [FIR] lodged on 02.04.2022, the informant has arraigned six persons as accused. The petitioner no. 1 and the petitioner no. 2 are the mother-in-law and the father-in-law respectively of the

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daughter of the informant. The petitioner no. 3 and the petitioner no. 4 are the brothers-in-law of the daughter of the informant whereas the petitioner no. 5 is the sister-in-law.

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3.1. In the FIR, the informant has inter alia brought allegation against the accused persons regarding demand of dowry. By making reference to a specific incident dated 02.04.2020, the informant has alleged that on that day, the petitioner no. 4 and the petitioner no. 5 along with other accused persons detained the daughter of the informant and assaulted her by slapping and punching. Unable to bear the brunt, the informant’s daughter stated to have fled away from her matrimonial house.

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Mr. Das, learned Additional Public Prosecutor who has received the case diary, has submitted that no injury report is available in the case diary to substantiate the allegation in the FIR regarding receipt of injury by the informant’s daughter. It is submitted by him that the husband of the victim viz. Jesim Ahmed was arrested immediately after the FIR and later on, he was released on bail.

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Having regard to the nature of allegations made in the FIR against the petitioners; considering the fact that there is no injury report to support the allegation regarding receipt of injury by the informant’s daughter; and the fact that the petitioners after interim protection was extended to them by order dated 28.04.2022, have appeared before the Investigating Officer of the case to record their statements, this Court is of the view that the custodial interrogation of the petitioners for the purpose of carrying out further investigation of the case is not necessary as they have joined the investigation and their release on pre-arrest bail, at this stage of investigation, is not likely to affect the further

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investigation of the case in any prejudicial manner, provided they continue to extend their assistance and co-operation in the further investigation of the case.

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Accordingly, the interim protection granted to the petitioners by order dated 28.04.2022, is hereby made absolute, subject to the following conditions :-

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[1] the petitioners shall co-operate with the investigation and make themselves available as and when their presence is required by the I.O. in the investigation of the case;

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[2] the petitioners 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 him from disclosing such facts to the court or to any police officer; and

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[3] the petitioners 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.

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The application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Morjina Bibi @ Mira Begum and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Morjina Bibi @ Mira Begum and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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