DUDHMEHER KHATUN @ DUDHNEHER v. THE STATE OF ASSAM
AB/3372/2024 · 2025-01-28
Manash Ranjan Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22086 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22086 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010271422024
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3372/2024 DUDHMEHER KHATUN @ DUDHNEHER W/O NUR HUSSAIN D/O ABDUL SALAM R/O VILL- BOHA PAHAR P.O. BORPAK, P.S. MAYONG, DIST. MORIGAON, ASSAM PIN-782411 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, MR A HAQUE,MR Z RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 29.01.2025 Heard Mr. J Ahmed, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending her arrest, the petitioner namely, Dudhmeher Khatun @ Dudhneher,
Page No.# 2/3 wife of Nur Hussain, daughter of Abdul Chalam, resident of Village-Boha Pahar, P.S.-Mayong, District-Morigaon has filed this application under Section 482 BNSS, 2023 seeking pre arrest bail in Mayong Police Station Case No. 108/2024 registered under Sections 365/34 IPC. 3. As per the FIR dated 02.10.2024 lodged by the complainant, the case is that about four months back from the date of the filing of the said FIR, the petitioner induced his daughter aged about 24 years as well as his niece aged about 27 years and handed over both the girls to one boy from Barpeta district and in lieu of that she took some money from the said boy from Barpeta. Petitioner’s father, FIR named accused No. 2 was aware of all these facts. Though the family members of the complainant tried their best to locate both the girls who were missing, but could not locate them. On 03.08.2024 the complainant’s niece called a person of his village and informed her address. Thereafter, the family members of the complainant went to village-Mahammadpur, P.S.-Hafizpur, district-Hapur of Uttar Pradesh and with the help of police personnel from Uttar Pradesh, his niece was recovered. But his daughter is yet to be traced out. 4. Said FIR of the complainant was registered as Mayong Police Station Case No. 108/2024 under Section Sections 365/34 IPC. 5.
From the statement of the recovered victim, i.e., the niece of the complainant recorded by the learned Judicial Magistrate First Class, Morigaon on 04.10.2024, it is seen that the said victim implicated the present petitioner who induced both the girls and also introduced them to the boy from Barpeta with whom said victim along with the other victim of the case went to Delhi, where the said boy sold both of them to different persons. 6. From the case diary placed before the Court today by Mr. M P Goswami, learned APP, Assam, it is seen that the other victim girl of the case, i.e., the daughter of the complainant is yet to be recovered. 7. Earlier by order dated 22.11.2024, the pre-arrest bail of the petitioner being AB No. 2939/2024 in said Mayong Police Station Case No. 108/2024 that was preferred by both the accused persons of the case, was rejected by this Court. 8. Now considering these materials in the case diary which is up to 27.01.2025, the Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner, namely,
Page No.# 3/3 Dudhmeher Khatun @ Dudhneher, in Mayong Police Station Case No. 108/2024. 9. Accordingly, this pre-arrest bail application, stands rejected. 10. Return the case diary. JUDGE Comparing Assistant