Page No.# 1/3 GAHC010188472025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2772/2025 RAHIMA KHATUN W/O LT. SABIAL RAHMAN D/O LT. PAMUR ALI SHEIKH, R/O JAYMATI NAGAR, BYE LANE NO. 06, P.S. JALUKBARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR. RASHIDUL ISLAM,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.09.2025 Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Rahima Page No.# 2/3 Khatun, has prayed for bail in connection with Jalukbari P.S. Case No. 300/2025, under Section 103(1)/238 of BNS, 2023. 3. The case was registered based on an FIR dated 13.07.2025 by one Juran Ali. The gist of the allegation is that the present petitioner assaulted the victim/her husband leading to his death and buried his body in the courtyard which was subsequently recovered by the police. 4. The learned counsel for the petitioner submits that the deceased was a habitual drunkard and he used to commit torture upon the accused/wife. It is also submitted that the accused is in under trial detention since 14.07.2025. 5. The learned Additional Public Prosecutor submits that on the basis of the case diary that the investigation has revealed prima facie complicity of the present accused and also another Gulab Nabi Azad in the criminal act. 6. I have perused the case diary before placed this court by the learned Additional Public Prosecutor flagging important portion. The investigation materials state that the said Gulab Nabi Azad subsequently assisted the accused in burying the death body of the deceased. It is stated by the investigating officer that when the victim died, the present accused panicked and called the other person for hiding the dead body. The statement of the minor daughter of the victim and the present petitioner is available in the case diary which indicates that her age 14 years and she has stated inter alia that on earlier occasion also her deceased father used to torture and beat her mother/present petitioner and go away from the house for several days. Despite the materials, keeping in mind the other circumstances which emerges prima facie, I deem it fit to grant bail to the petitioner, subject to conditions. 7. Accordingly, the accused-petitioner, named above, shall be released on bail Page No.# 3/3 in connection with Jalukbari P.S. Case No. 300/2025, under Section 103(1)/238 of BNS, 2023, on furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court [CJM, Kamrup(M)]. 8. The direction for bail is further subject to the following conditions: (a) That the petitioner shall cooperate with remaining investigation; (b) That the petitioner shall be available for trial in the event of charge sheet being filed and trial commencing against her; (c) That the petitioner shall not hamper or tamper with evidence; and (d) That the petitioner shall not in any manner try to influence any witnesses. 9. In case of violation or breach of any condition(s), the Public Prosecutor would be at liberty to move an application for cancellation of the bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. 11. Return back the case diary. JUDGE Comparing Assistant