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2025 DAILYLAW 18772 (GAU)

AMINUL HOQUE AND ANR v. THE STATE OF ASSAM

AB/2153/2025 · 2025-09-03

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010200162025 2025:GAU-AS:12026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2153/2025 AMINUL HOQUE AND ANR S/O AHAMMAD ALI R/O VILL- SUPARIKUTI, P.S. AGOMANI, DIST. DHUBRI, ASSAM, PIN-783335. 2: SMTI. RAHENA BEGUM W/O SHRI AMINUL HOQUE R/O VILL- SUPARIKUTI P.S. AGOMANI DIST. DHUBRI ASSAM PIN-783335 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M S ALAM, MD. S ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 04.09.2025 Heard Mr. S. Alam, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. P.P., Assam for the State. Page No.# 2/3 By this application filed under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Shri Aminul Hoque and 2) Smti. Rahena Begum have prayed for pre-arrest bail in connection with Agomoni Police Station Case No.133/2025 registered under Sections 189(2)/296/117(2)/118(2)/351(3) of the BNS, 2023. The F.I.R. dated 23.08.2025 reveals that on the same day at around 7:00 a.m. when the informant slapped her son aged about 9 ½ years twice for not pursuing his studies, the petitioners assaulted her and caused grievous injuries and also threatened to kill her. Mr. S. Alom, learned counsel for the petitioners submits that the petitioners interfered with the slapping of their son out of love and affection, however, the statements made in the F.I.R. are stated to be concocted. Mr. B. Sarma, learned Addl. P.P. submits that the real scenario would be clear on perusal of the Case Diary as well as the injury report and has prayed for calling of the same. On consideration of the submissions made at the Bar more so looking into the story narrated by the informant in the F.I.R. this Court finds it fit that the petitioners, who are husband and wife, may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- each with one local surety each of the like amount to satisfaction of the arresting authority under the following conditions :- (1) That the petitioners shall appear before the Investigating Officer within 7 (seven) days from today, cooperate with the investigation Page No.# 3/3 and shall appear before the Investigating Officer as and when called for. (2) That the petitioners shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioners shall not leave the place of their residence without permission of the arresting authority. The petition is disposed off. JUDGE Comparing Assistant