Petition for pre-arrest bail allowed. The Court noted the postmortem report showed no injuries on the deceased and the petitioner had already assisted the investigation. Bail granted subject to conditions.
Pre-arrest bail granted. Directions to execute bail bond of Rs.20,000 with a surety of like amount to the satisfaction of the arresting authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010001522025
2025:GAU-AS:1119
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/26/2025
OMEDA KHATUN W/O KHANDAKAR JAMALUDDIN R/O VILL- KOKILA MAULABIARA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR A W AMAN, SAMIM RAHMAN,MR. SURAJIT DAS,MR. SURAJIT DAS,MR SARFRAZ NAWAZ,MD A RAHMAN
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3
BEFORE
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
04/02/2025
Heard Mr. S. Nawaz, the learned counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor, Assam for the State.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner, Omeda Khatun, in connection with Abhayapuri P.S. Case No. 287/2024 registered under Sections 103(1)/3(5) of BNS, 2023.
3. One man has lodged an FIR before police alleging that even after 13 years of marriage, his daughter could not become a mother and therefore, her husband and her mother-in-law physically harassed her. The informant has further alleged that in the night of 16.12.2024, his daughter was badly tortured by her husband and her mother-in-law as a result of which she lost her life.
4. The husband was already arrested by police. The present petitioner is the mother-in-law of the deceased.
5. Mr. Kaushik, the learned Additional Public Prosecutor, Assam submits that the postmortem report shows that the deceased did not have any injuries on her body. According to Mr. Kaushik, on an earlier occasion the present petitioner had appeared before the Investigating Officer and has got her statement recorded.
6. I have considered the submissions made by the learned counsels for both sides.
7. This Court is of the opinion that the present petitioner being the mother-in-law of the deceased does not deserve to be detained in custody for the allegation brought by the informant. Therefore, the pre-arrest bail application of the petitioner is allowed.
8. It is hereby directed that in the event of arrest in connection with Abhayapuri P.S. Case No. 287/2024 registered under Sections 103(1)/3(5) of BNS, 2023, the petitioner, Omeda Khatun shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority.
9. The petitioner, Omeda Khatun shall continue to assist the Investigating Officer as and when
Page No.# 3/3
required.
10. With the aforesaid direction, the pre-arrest bail application is disposed of.
11. Case diary shall be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case alleging dowry harassment and death?
2 provisions across 2 enactments
OMEDA KHATUN
THE STATE OF ASSAM
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
