Anticipatory bail application under Sections 85/89 BNS 2023 and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 arising from alleged assault on the petitioner's wife causing miscarriage. Having complied with interim bail conditions, the petitioner's interim pre-arrest bail was made absolute with existing conditions.
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GAHC010091752026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/971/2026
ARIFUL ALOM
S/O- LATE HUSSAIN ALI, R/O- HATILARUA PATHAR, PS BHURAGAON, DIST- MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A AHMED, MR. M A CHOUDHURY,MR A AHMED,U U KHAN,MISS. P M AHMED
Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 12.06.2026
Heard Mr. A. Ahmed, learned Counsel for the petitioner and Mr. K.K. Parashar , learned Additional Public Prosecutor for the State.
By this application, the petitioner has prayed for pre-arrest bail in connection with Bhuragaon P.S. Case No. 07/2026 under Section 85/89 of BNS, 2023 R/W Section 3/4 of the Muslim Women (Protection of Rights on Marriage), Act, 2019. It is noticed that the petitioner was released on interim pre-arrest bail by this Court vide order dated 13.05.2026 with the condition that the petitioner should appear before the Investigating Officer within one week from the date of the order and on perusal of the case diary, it is further noticed that the petitioner had appeared before the Investigating Officer and his statement was recorded in compliance of the direction given by this Court.
However, Mr. K.K. Parashar , learned Additional Public Prosecutor for the State objects to granting of the pre-arrest bail on the ground that the case diary reveals that the petitioner is involved in assaulting his wife and in pursuance to the same, the wife had to suffer miscarriage and there are also medical reports showing injuries on the body of the petitioner's wife. However, it is also stated that the petitioner's wife desires to stay with her husband and there are occasions when she came back from her paternal house to her husband's house to resume the marriage.
On consideration of the submissions made by the learned Counsels and on perusal of the case diary as well as the last order dated 13.05.2026 and the compliance made by the petitioner, this Court deems it fit that order dated
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13.05.2026 granting interim pre-arrest bail to the petitioner be made absolute. However, with rider that the petitioner has to follow the conditions mentioned in the said order.
Petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim pre-arrest bail granted to the petitioner in a case under Sections 85/89 BNS and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act should be made absolute.
2 provisions across 2 enactments
ARIFUL ALOM
THE STATE OF ASSAM REP BY THE PP, ASSAM
Shamima Jahan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
