AKLIMA KHATUN @ AKLIMA BIBI @ ALIMA BIBI AND ANR v. THE STATE OF ASSAM
AB/207/2025 · 2025-02-04
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6528 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6528 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010017552025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/207/2025 AKLIMA KHATUN @ AKLIMA BIBI @ ALIMA BIBI AND ANR W/O SIRAJUL HOQUE D/O ANSAR ALI R/O BISONDOI PART-I, P.S. GOLAKGNAJ DIST. DHUBRI, ASSAM 2: ANJUMA KHATUN @ ANJU KHATUN @ ANJUMA BIBI W/O NAZIR HUSSAIN D/O ANSAR ALI R/O VILL-DUMARDAHA PART-III
P.S. GOURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025
Heard Mr. S. Rahman, the learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023, praying for pre-arrest bail in respect of PRC Case No. 1060/2023 pending the court of the learned Sub-Divisional Judicial Magistrate (S), Dhubri.
3. The present two petitioners are charge-sheeted in a case u/s 304(B) of the Indian Penal Code. They have received summons from the learned Sub-Divisional Judicial Magistrate (S), Dhubri. The petitioners have apprehended that the offence u/s 304(B) of the Indian Penal Code is a session’s triable offence and the learned Judicial Magistrate (S), Dhubri does not have the jurisdiction to entertain their bail application. The petitioners submits that they are interested in facing the trial and therefore, they deserve to be given an opportunity to face the trial.
4. Since the petitioners are interested in facing trial, they should be given an opportunity to that effect.
5. It is hereby directed that whenever the petitioners, Aklima Khatun @ Aklima Bibi @ Alima Bibi & Anjuma Khatun @ Anju Khatun @ Anjuma Bibi shall appear before the court of the learned Sub-Divisional Judicial Magistrate (S), Dhubri in connection with PRC Case No. 1060/2023, they shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (S), Dhubri. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant