Page No.# 1/4 GAHC010254872024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3142/2024 MAFIZA BEGUM @ MOFIDA KHATUN AND 3 ORS. W/O GIYASUDDIN AHMED R/O HOUSE NO. 10, SULTAN ALI PATH, BYLANE - MAYUR PATH, P.S. GARCHUK, DIST. KAMRUP (M), GUWAHATI-35, ASSAM 2: GIYASUDDIN AHMED S/O HAFIZ UDDIN AHMED R/O HOUSE NO. 10 SULTAN ALI PATH BYLANE - MAYUR PATH P.S. GARCHUK DIST. KAMRUP (M) GUWAHATI-35 ASSAM 3: NIHA BEGUM D/O GIYASUDDIN AHMED R/O HOUSE NO. 10 SULTAN ALI PATH BYLANE - MAYUR PATH P.S. GARCHUK DIST. KAMRUP (M) GUWAHATI-35 ASSAM 4: MD AZAD SHAIKH @ AZAD KHAN S/O LT. GULAM RABBANI R/O KALPAHAR CYCLE FACTORY Page No.# 2/4 P.S. FATASHIL AMBARI GUWAHATI-16 DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, S W HUSSAIN,MR A. ALI,A. K. KANU Advocate for the Respondent : PP, ASSAM, Linked Case : AB/18/2025 SUFIA KHATUN W/O IKRAMUL HOQUE R/O WARD NO. 6 VILL- TATIKATA PATHAR P.O. AND P.S. MOIRABARI DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 07.01.2025 Heard Mr. M. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor representing the State of Assam. 2. Both the applications are filed under Section 482 of the BNSS, 2023 praying for anticipatory bail in respect of Moirabari P.S. Case No.144/2024, registered under Sections 61(2)/108/3(5) of the BNS, 2023. 3. The informant Mazida Khatun has alleged in the FIR that her son late Izajul Hoque was in love with the petitioner Niha Begum. It is alleged in order to have their relationship a permanent one, the petitioner Sufia Khatun being the paternal aunt of Niha Begum, used to squeeze out large amount of money from Izajul Hoque. At one point of time, Niha Begum had put pressure upon late Ejalul Hoque to come to Guwahati and to stay there. He accordingly came to Guwahati and took a rented house at Hengrabari. Late Izajul Hoque gave a large amount of money to the petitioner Niha Begum, Sufia Khatun, Giyasuddin Ahmed, Mofida Khatun and other petitioner(s). At one point of time, all the petitioners started to mishbehave with Izajul Hoque stating that he was an impotent person. They all asked late Izajul Hoque to commit suicide. Being hurt by the behavior, Izajul Hoque committed suicide by hanging himself. 4. The Case Diary shows that the petitioners Mafiza Begum @ Mofida Khatun, Niha Begum, Giyasuddin Ahmed, Niha Begum and Md. Azad Shaikh @ Azad Khan have appeared before the Investigating Officer pursuant to an interim order granted in their Page No.# 4/4 favour. 5. Since these above named four petitioners have appeared before the concerned Investigating Officer and have co-operated with police investigation, they do not deserve to be detained in custody. Accordingly their pre-arrest bail application is allowed. 6. The interim order granted on 02.12.2024 in respect of the petitioners, is made absolute. 7. So far as the petitioner Sufia Khatun in AB No.18/2025 is concerned, the Case Diary shows in response to a notice issued by police, she had appeared before the Police Investigating Officer but her statement is not available in the Case Diary. 8. I have considered the submissions made by the learned counsel of both sides. 9. This Court is of the opinion that under the given facts and circumstances of the case, it cannot be said that the petitioner Sufia Khatun has abetted the suicide of late Izajul Hoque by hanging. Therefore, Sufia Khatun does not deserve to be detained in custody. Her pre-arrest bail application is allowed. 10. It is hereby directed that in the event of arrest in connection with Moirabari P.S. Case No.144/2024, registered under Sections 61(2)/108/3(5) of the BNS, 2023, the petitioner, Sufia Khatun shall be released on bail of ₹20,000/- with a surety of like to the satisfaction of the arresting authority. 11. The petitioner Sufia Khatun shall cooperate with the police investigation as and when required. 12. With the aforesaid direction, both the applications for bail is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant