Applicant sought pre-arrest bail in a case alleging she attempted to feed rat killer to her mother-in-law. Investigation concluded in a final report with no prima facie case, so the anticipatory bail application was closed and interim bail recalled.
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GAHC010054182024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/953/2024
SONIARA BEGUM
D/O LATE SAMSUL HOQUE, R/O BAGHARBARI, GREEN LAND, 2ND BYLANE, HOUSE NO. 41, P.S.-SATGAON, P.O.-PANJABARI, SIX MILE, DISTKAMRUP (M), ASSAM, PIN CODE-781037
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A ALAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
14.05.2024
Heard Mr. M. Alam, learned counsel for the applicant and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
2. Apprehending arrest in connection with Silchar P.S. Case No.650/2022 under Section 328/511 IPC, this application under Section 438 Cr.P.C. is preferred by the applicant, namely, Soniara Begum, for grant of pre-arrest bail.
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3. It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Gulbahar Begum Mazumdar, on 11.03.2022. The essence of allegation made in the aforesaid FIR is that Soniara Begum Mazumdar is the daughter-inlaw of the informant, who has been insisting her son to go to her parental home at Guwahati and stay there as their “Ghar Jamai”. As she has opposed the said proposal of her daughter-in-law, she at 11:00 a.m. attempted to feed her rat killer by mixing the same with Roti.
4. Mr. Alam, learned counsel for the applicant submits that the applicant was granted the privilege of interim pre-arrest bail vide order dated 09.04.2024 and pursuant to the said order, she had appeared before the I.O. and cooperating with the investigating agency and therefore, a contention is being made to make the interim order dated 09.04.2024, absolute, in the same terms and conditions.
5. On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, submits that she has not received the case diary, but as per her instruction, the I.O. has completed investigation and returned the case in FR, being F.R. No.743, dated 30.04.2023.
6. As the I.O. has not found any prima facie case being made out and returned the case in FR, this anticipatory bail application becomes infructuous and accordingly, the same stands closed. Consequently, the privilege of interim pre-arrest bail, granted vide order dated 09.04.2024, stands recalled.
7. In terms of above, this anticipatory bail application stands disposed of.
Sd/- Robin Phukan JUDGE
Comparing Assistant
1 issue framed by the court
Should interim pre-arrest bail granted under Section 438 Cr.P.C. be made absolute given the investigation has ended in a final report?
2 provisions across 2 enactments
Soniara Begum
The State of Assam represented by the Public Prosecutor, Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
