Purnima Begum @ Purnima Khatun and Anr v. The State of Assam

ORDER

09.08.2024 Heard Mr M Khan, learned counsel for the petitioners, 1) Purnima Begum @ Purnima Khatun and 2) Chanowar Hussain Mandal @ Sanowar, Page No.# 2/3 who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, apprehending their arrest in connection with Bongaigaon PS Case No. 115/2024, registered under Section 447/302/34 of the Indian Penal Code, 1860.

¶2Also heard Ms N Das, learned Additional Public Prosecutor for the State Respondent.

¶3The allegation against the petitioners is that they along with co-accused named in the FIR armed with heavy bamboo and iron rods attacked Amzad Ali Sheikh. When the father of Amzad Ali Sheikh and other relatives tried to stop the attack, they were also attacked in the process. The victim Amzad Ali Sheikh was taken to the Bongaigaon Civil Hospital but he was declared as dead.

¶4It is submitted by the learned counsel for the petitioners that the charge sheet has not been laid against the petitioners. He further submits that the petitioners are in no way involved in the alleged offence as stated in the FIR. Considering the background of the case, the petitioners may be granted the privilege of pre-arrest bail.

¶5It is further submitted that the petitioner No. 1 is the wife of accused No. 2 and the petitioner No. 2 is the nephew of the accused Nos. 2, 3 and 4, named in the FIR. The accused Nos. 2, 3 and 4 are the prime accused and they have already been arrested in connection with this case and released on bail. The petitioner No. 1 is a woman with a 4-year-old child and she is not involved with this case. The petitioner No. 2 is also not at all involved in this case. Page No.# 3/3

¶6The learned Additional Public has raised serious objection stating that there are incriminating materials in the Case Diary, against the petitioners.

¶7I have also scrutinized Case Diary.

¶8Indeed there are incriminating materials in the Case Diary against the petitioners.

¶9I have considered the magnitude of the offence under which the petitioners are booked. The petitioners are thus not entitled to bail.

¶10Petition with prayer for bail is rejected at this stage.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010140172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1836/2024 PURNIMA BEGUM @ PURNIMA KHATUN AND ANR. W/O JALENUR MANDAL, R/O VILL- CHILKIBIKI, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM, PIN-783380. 2: CHANOWAR HUSSAIN MANDAL @ SANOWAR S/O ABDUL MANNAF MANDAL R/O VILL- CHILKIBIKI P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND