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2025 DAILYLAW 25675 (GAU)

MONOWARA KHATUN AND 2 ORS v. THE STATE OF ASSAM

AB/1034/2025 · 2025-11-13

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010094472025 2025:GAU-AS:15433 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1034/2025 MONOWARA KHATUN AND 2 ORS W/O-TOYOB ALI R/O- VILL- JORDANGA MOISHALPARA, P.O.- MANKACHAR P.S.-MANKACHAR, DIST. SOUTH SALMARA MANKACHAR,ASSAM, PIN-783131 2: MONOWAR HOSSAIN @ MONOAR ISLAM S/O -TOYOB ALI R/O- VILL- JORDANGA MOISHALPARA P.O.- MANKACHAR P.S.-MANKACHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3: MOFIDA KHATUN @ MOPITA KHATUN D/O TOYB ALI . R/O- VILL- JORDANGA MOISHALPARA P.O.- MANKACHAR P.S.-MANKACHAR DIST. - SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.11.2025 1. Heard Mr. K.Islam, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Monowara Khatun, 2. Monowar Hossain @ Monoar Islam and 3. Mofida Khatun @ Mopita Khatun who are apprehending their arrest in connection with Mankachar P.S. Case No. 44/2025 under Sections 61(2)/103 of BNS. 3. The gist of accusation in this case is that on 24.03.2025, one Moriom Khatun, had lodged an FIR before the Officer-in-charge of Mankachar Police Station, inter alia, alleging that on 24.03.2025, she received an information regarding death of her son and it is alleged in the FIR that the accused persons named in the FIR have killed her son 4. It transpires from the case diary as submitted by learned Addl. P.P. that the accused No.1 who was the wife of the deceased had left the deceased some time ago due to disturbances in their marriage and went to her parental home. Page No.# 3/3 The occurrence took place when the deceased had gone to the parental home of the accused No.1. 5. A perusal of the postmortem report reveals that the cause of death to be suicide by hanging. 6. Having regard to the above, the prayer pre-arrest for bail is allowed. 7. Accordingly, the order of interim pre-arrest bail dated 19.05.2025, is hereby made absolute upon the same conditions. 8. Accordingly, the anticipatory bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant