Allowed

Hasna Bibi and 2 Ors. v. the State of Assam

Gauhati HC2 May 2023AB/798/2023

Case brief

AI extract

What is this about?

Single Judge Allowed an anticipatory bail application filed by three women apprehending arrest in a criminal case involving murder and grievous hurt. The Court found no incriminating material against them at the investigation stage.

What did the court decide?

Anticipatory bail allowed on bond of Rs. 30,000 each with two local sureties, subject to conditions of appearing before I.O., not leaving jurisdiction, not tampering with investigation or witnesses.

Hasna Bibi and 2 Ors. Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2023)

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GAHC010044912023

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

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Case No. : AB/798/2023

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HASNA BIBI AND 2 ORS WO MANU SK. @ SAKAT ALI R/O VILL- RUPSHI PT.I, (ISLAMPUR), P.S. KAZIGAON DIST. KOKRAJHAR, BTR, ASSAM

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2: MONSURA BIBI W/O SAYED ALI R/O VILL- RUPSHI PT.I (ISLAMPUR) P.S. KAZIGAON DIST. KOKRAJHAR BTR ASSAM

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3: HAMIDA BIBI @ KHATUN W/O HAIDAR ALI R/O VILL- RUPSHI PT.I (ISLAMPUR) P.S. KAZIGAON DIST. KOKRAJHAR BTR ASSA VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. P K DAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 02.05.2023

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Heard Mr. P. K. Das, learned Counsel appears for the petitioners. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

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(2) By this application under Section 438 of Cr. P.C., the petitioners, namely, Hasna Bibi, Monsura Bibi and Hamida Bibi @ Khatun are seeking Anticipatory Bail apprehending arrest in connection with an FIR dated 05.07.2022, which is registered as Kazigaon Police Station case No. 43/2022, registered under Sections 120(B)/147/148/149/447/325/326/302 of IPC.

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(3) It is submitted by the learned counsel for the petitioner that an FIR dated 05.07.2022 was lodged by the informant, one, Ramzan Ali, wherein it was alleged that a group of persons came and attacked his son, Sakat Ali, who was stabbed in his chest and stomach, causing grievous hurt and thereafter they ran away. The injured son was taken to Dhubri Civil Hospital, wherefrom he was referred to more advanced medical unit. The informant and the family members were in the process of transferring the injured to Cooch Bihar but on the way he expired. And accordingly, the FIR was registered as

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Kazigaon Police Station case No. 43/2022, registered under Sections 120(B)/147/148/149/447/325/326/302 of IPC. Investigation has commenced in the matter.

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(4) This Court vide earlier orders had called for case diary. The case diary is presented before this Court today by the learned Additional Public Prosecutor.

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(5) The learned counsels for the parties have been heard. The case diary as presented before this Court has been carefully perused.

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(6) It is seen that the matter is under investigation and some of the accuseds have been arrested.

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(7) Perusal of the case dairy does not reflect any materials, which incriminate the petitioner at this stage of investigation. There are no materials also to suggest that the petitioners ought not to be granted protection as prayed for as it may hamper the investigations carried on. Accordingly, this anticipatory bail petition is allowed. It is directed that in the event of arrest of the petitioners in connection with the Kazigaon Police Station case No. 43/2022, registered under Sections 120(B)/147/148/149/447/325/326/302 of IPC, the petitioners are released on a bail bond of Rs.30,000/- (Rupees thirty thousand) only each with two local sureties of like amount to the satisfaction of the Arresting Authority. The bail granted however, is subjected to the following conditions:-

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That the petitioners shall appear before the Investigating Officer within 7(seven) days and cooperate in the investigation as and when required;

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The petitioners shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Kazigaon Police Station.

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That the petitioners shall not hamper or tamper with the investigation in any manner; and

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That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

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(8) If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioners.

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(9) Anticipatory bail petition is accordingly disposed of. (10) Return the Case Diary.

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JUDGE

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Comparing Assistant

Hasna Bibi and 2 Ors. v. the State of Assam

Case brief

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Hasna Bibi and 2 Ors. v. the State of Assam

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