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2025 DAILYLAW 25215 (GAU)

PAPIA SULTANA SHAMIM AND 3 ORS v. THE STATE OF ASSAM

AB/2637/2025 · 2025-11-09

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010245912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2637/2025 PAPIA SULTANA SHAMIM AND 3 ORS D/O BAHARUL ISLAM, R/O MAGURMARI, P.S. SAMAGURI, DIST. NAGAON, ASSAM. 2: JENIFA SHAMIM D/O BAHARUL ISLAM R/O MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 3: SUHANA SHAMIM D/O BAHARUL ISLAM R/O MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSAM 4: RAMISA KHATUN W/O BAHARUL ISLAM R/O MAGURMARI P.S. SAMAGURI DIST. NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 10.11.2025 1. Heard Mr. S.M Abdullah P, learned counsel for the petitioners. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioners in connection with Juria P.S Case No. 244/2025 U/S 103(1)/189(2) of the BNS, 2023. 3. The present petition is preferred by the petitioner No. 1, 2 & 3 who are the daughters of Baharul Islam, i.e. the main accused and petitioner No. 4 is the wife of the said accused. 4. Learned Addl. PP has produced the CD. 5. A perusal of the P.M. report indicates that the cause of death is kept pending till receipt of the FSL report pertaining to chemical analysis of viscera. However, as far as the P.M. report is concerned, it appears that not a single injury was found in the body of the deceased, which wholly inconsistent with the allegation of assault with a wooden batam and deadly weapon. Furthermore, the inquest report also does not indicate injuries on the body of the deceased. 6. Having regard to the above, the petitioners shall be released on interim pre-arrest bail on furnishing a bail bond of Rs. 50,000/- each Page No.# 3/3 with 1(one) surety each to the satisfaction of the arresting authority in connection with the aforesaid case under the following conditions : i. The petitioners shall cooperate with the investigation and appear before the I/O as and when called for. ii. The petitioners shall not tamper with the evidence or influence the witnesses connected with the case. 7.Send back the T.C.R. 8. Petition is disposed of. JUDGE Comparing Assistant