Rahima Khatun Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2025)

Rahima Khatun Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Accused-petitioner Rahima Khatun to be released on bail in connection with Jalukbari P.S. Case No. 300/2025 (Section 103(1)/238 of BNS, 2023) on furnishing a bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of the learned CJM, Kamrup(M), subject to the stated conditions; bail petition allowed and disposed of.

Issue for consideration

Whether bail should be granted to the accused petitioner Rahima Khatun in connection with Jalukbari P.S. Case No. 300/2025 (under Section 103(1)/238 of BNS, 2023).

Court's answer

Despite the investigation materials indicating prima facie complicity of the petitioner (and co-accused Gulab Nabi Azad), the court deemed it fit to grant bail, keeping in mind other prima facie circumstances, including the statement of the minor daughter (aged 14) that the deceased father used to torture and beat the petitioner on earlier occasions.

Ratio / Principle

The bail direction is subject to conditions: the petitioner shall cooperate with the remaining investigation, be available for trial if charge-sheeted, shall not hamper or tamper with evidence, and shall not influence witnesses; on violation or breach of any condition, the Public Prosecutor may move for cancellation of bail.

Detailed headnote1 paragraphs

Gauhati High Court (single member bench, Hon'ble Mr. Justice Pranjal Das), Order dated 16.09.2025 in Bail Appln./2772/2025: Application under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Rahima Khatun, accused in Jalukbari P.S. Case No. 300/2025 (under Section 103(1)/238 of BNS, 2023), arising from an FIR dated 13.07.2025 by Juran Ali alleging she assaulted her husband leading to his death and buried the body in the courtyard; in under-trial detention since 14.07.2025. Although the Additional Public Prosecutor submitted that the case diary revealed prima facie complicity of the petitioner and another person, Gulab Nabi Azad (who allegedly assisted in burying the body), and the court perused the case diary including the statement of the couple's 14-year-old daughter recounting prior torture and beatings by the deceased, the court held it fit to grant bail subject to conditions: bail bond of Rs.25,000/- with one like surety to the satisfaction of CJM, Kamrup(M); cooperation with remaining investigation; availability for trial upon charge-sheet; no tampering with evidence; no influencing of witnesses; breach entitles the Public Prosecutor to seek cancellation. Petition allowed and disposed of; case diary ordered returned.

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GAHC010188472025

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

Case No. : Bail Appln./2772/2025

RAHIMA KHATUN W/O LT. SABIAL RAHMAN D/O LT. PAMUR ALI SHEIKH, R/O JAYMATI NAGAR, BYE LANE NO. 06, P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR Z HUSSAIN, MR. RASHIDUL ISLAM,MR A K DAS

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

Date : 16.09.2025

Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State.

This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Rahima

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Khatun, has prayed for bail in connection with Jalukbari P.S. Case No. 300/2025, under Section 103(1)/238 of BNS, 2023 .

The case was registered based on an FIR dated 13.07.2025 by one Juran Ali. The gist of the allegation is that the present petitioner assaulted the victim/her husband leading to his death and buried his body in the courtyard which was subsequently recovered by the police.

The learned counsel for the petitioner submits that the deceased was a habitual drunkard and he used to commit torture upon the accused/wife. It is also submitted that the accused is in under trial detention since 14.07.2025.

The learned Additional Public Prosecutor submits that on the basis of the case diary that the investigation has revealed prima facie complicity of the present accused and also another Gulab Nabi Azad in the criminal act.

I have perused the case diary before placed this court by the learned Additional Public Prosecutor flagging important portion. The investigation materials state that the said Gulab Nabi Azad subsequently assisted the accused in burying the death body of the deceased. It is stated by the investigating officer that when the victim died, the present accused panicked and called the other person for hiding the dead body. The statement of the minor daughter of the victim and the present petitioner is available in the case diary which indicates that her age 14 years and she has stated inter alia that on earlier occasion also her deceased father used to torture and beat her mother/present petitioner and go away from the house for several days. Despite the materials, keeping in mind the other circumstances which emerges prima facie, I deem it fit to grant bail to the petitioner, subject to conditions.

Accordingly, the accused-petitioner, named above, shall be released on bail

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in connection with Jalukbari P.S. Case No. 300/2025, under Section 103(1)/238 of BNS, 2023 , on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court [CJM, Kamrup(M)].

The direction for bail is further subject to the following conditions:

(a) That the petitioner shall cooperate with remaining investigation;

(b) That the petitioner shall be available for trial in the event of charge sheet being filed and trial commencing against her;

(c) That the petitioner shall not hamper or tamper with evidence; and

(d) That the petitioner shall not in any manner try to influence any witnesses.

In case of violation or breach of any condition(s), the Public Prosecutor would be at liberty to move an application for cancellation of the bail.

With the above observations, this bail petition stands allowed and disposed of accordingly.

Return back the case diary.

Comparing Assistant