Miraj Ali and Anr v. The State of Assam

ORDER Date : 13.12.2024 Heard Mr. M.U. Mahmud, learned counsel appearing for the petitioners. Also heard Page No.# 2/2 Ms. N. Das, learned Additional Public Prosecutor for the state of Assam.

¶2This an application 482 of the BNSS, 2023, whereby the petitioners have prayed for grant of pre-arrest bail in respect of Mikirbheta P.S. Case No. 111/2024.

¶3The informant has stated in the FIR that his daughter was married to Ejajul Islam on

12.01.2024. It is alleged that after the marriage, the girl was beaten up by her husband Ejajul Islam and on 29.07.2024, the girl was killed and her dead body was kept hanging. It may be mentioned that Ejajul Islam was arrested on 09.08.2024. The present two petitioners are his parents. It has been stated that these petitioners live separately and they are not connected with the said incident.

¶4The medical report available in the case diary also shows that the deceased had continuous ligature mark on her neck.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6This Court is of the opinion that for the aforesaid allegation, the present petitioners do not deserve to be detained in custody. Accordingly, their anticipatory bail application is allowed.

¶7It is hereby directed that in the event of arrest in connection with Mikirbheta P.S. Case No. 111/2024, the petitioners, Miraj Ali and Joygun Nessa shall be released on bail of Rs. 20,000/- each with sureties of like amount to the satisfaction of the arresting authority.

¶8Both the petitioners shall appear before the Investigating Officer as and when required.

¶9With the aforesaid direction, the bail application stands disposed of.

¶10CD shall be returned.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010234532024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2952/2024 MIRAJ ALI AND ANR S/O LATE KETU BEPARI R/O VILL- SILPUKHURI, P.O. AND P.S. MIKIRBHITA, DIST. MORIGAON, ASSAM PIN-782123 2: JOYGUN NESSA (MOTHER OF EJAJUL ISLAM) W/O MIRAJ ALI R/O VILL- SILPUKHURI P.O. AND P.S. MIKIRBHITA DIST. MORIGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MRS. M SAIKIA,MS. F RAHMAN,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA