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2020 DIGILAW 423 (GAU)

Rabia Khatun v. State Of Assam

2020-03-23

MANISH CHOUDHURY

body2020
JUDGMENT 1. Heard Mr. M. Ahmed, learned counsel for the accused-petitioner and Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner namely, Rabia Khatun has prayed for pre-arrest bail, apprehending her arrest, in connection with Chhaygaon Police Station Case No. 311/2019, registered under Sections 120B/366/328/307/34, Indian Penal Code. 3. The concerned case diary of Chayygaon Police Station Case No. 311/2019 as called for, has been received by the learned Additional Public Prosecutor. 4. In the First Information Report (FIR) registered on 03.04.2019, the informant has named 4 (four) accused persons with the present accused-petitioner as the accused no. 3. The informant is the father of the victim. It is alleged that on 17.01.2018, the accused no. 1 had kidnapped the victim daughter of the informant with the help and assistance with the other accused persons and thereafter, the marriage of the victim daughter was forcefully registered with the accused no. 1. On 17.05.2018, the accused persons with the intention to kill the victims daughter had forcefully given poisonous substance to her and as a result, the victim became senseless. Thereafter, she was thrown in the house of one Jamal Master. The victim daughter was rescued thereafter and admitted in Garmari CHC. 5. It is stated that the victim has filed an application before the learned Chief Judicial Magistrate, Kamrup, Amingaon under Section 12 of the Protection of Woman from Domestic Violence, 2005 (the DV Act, for short) on 02.04.2019 seeking various relief under the Act. The said application has been registered as D.V. Case No. 43/2019, a copy of which has been annexed to this application as Annexure-III. In the said application, the victim has stated that the marriage between her and the accused no. 1 was solemnized in the year 2018 with Islamic rites and traditions. The marriage was peaceful for the initial 3 (three) months and thereafter, the accused persons started demanding dowry, thereby, committing cruelty upon her. It is alleged that on 17.05.2018, she was administered some poisonous substance by the accused persons and she had to run away to the house of Jamal Ali. 6. The concerned case diary as called for, has been received by the learned Additional Public Prosecutor. It is alleged that on 17.05.2018, she was administered some poisonous substance by the accused persons and she had to run away to the house of Jamal Ali. 6. The concerned case diary as called for, has been received by the learned Additional Public Prosecutor. It is found that the accused-petitioner after the interim order dated 03.02.2020 has appeared before the Investing Officer of the case and her statement has dully been recorded. 7. It transpires that the FIR has been lodged in respect of the incident dated 17.05.2018 and the same has been registered on 03.04.2019. In the FIR so registered, the date of the FIR has been shown as 31.03.2019. In the application under the DV Act, the facts alleged are slightly different, as noted above. 8. Upon due consideration of the above fact that has so emerged; fact that the accused- petitioner is cooperating with the investigation of the case by appearing before the Investigating Officer of the case; and the nature and allegation of the offences, I am of the considered view that if the accused-petitioner is allowed to be released on bail at this stage of investigation, the cause of further investigation of the case is not likely to be prejudicially effected, provided the accused-petitioner continues to extend cooperation in the further investigation of the case. 9. Accordingly, the earlier interim protection of pre-arrest bail granted to the accused- petitioner by the order dated 03.02.2020 is hereby made absolute, subject to the conditions :- (1) The accused-petitioner shall appear before the Investigating Officer of the case as and when her presence is required for the cause of investigation and she shall continue to co-operate with the investigation; (2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case; & (3) The accused-petitioner shall not, directly or indirectly, make any inducement, threat or premise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any Police Officer. The bail application stands disposed of in the aforesaid terms.