THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. M ALI Page No.# 2/3 Advocate for the Respondent : PP, ASSAM :: BEFORE :: HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

O R D E R

17.06.2022 By filing this petition under Section 438 of the CrPC, the petitioners, namely- (1) Muij Uddin @ Moijuddin, (2) Mustak Ali @ Mostak and (3) Mustafa Kamal @ Mostafa have sought for pre-arrest bail, in the event of arrest, in connection with Juria P.S. Case No.198/2022, registered under Section 304(B) IPC. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor, Assam representing the State. Perused the case diary as has been produced and also gone through the documents annexed. The sister of the informant herein was married to accused Mujahidul Islam about one year ago and she died on 22.05.2022 in her matrimonial home after consuming poison. Although in the FIR allegation has been made against the entire family but during the course of investigation, nothing has been found against the present accused petitioners who are father and two brothers of the FIR named accused Mujahidul Islam. The statement of the informant and other witnesses is silent as regard dowry demand and cruelty upon the victim on the part of the present Page No.# 3/3 petitioners. That being so, custodial detention of the accused petitioners appears to be not warranted. Accordingly, the petitioners named above is allowed to go on pre-arrest bail of Rs.10,000/- each, with one surety each of like amount, in the event of their arrest by the arresting officer in connection with the aforesaid case, with further direction to the petitioners to appear before the I/O within 10(ten) days from today and give their statement and they shall also co-operate with the investigation of the case. The anticipatory bail application accordingly stands disposed of. Return the case diary. JUDGE Comparing Assistant