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2026 DAILYLAW 11372 (GAU)

NISIMA BEGUM HAQUE AND ANR v. THE STATE OF ASSAM

AB/1717/2026 · 2026-07-28

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010155562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1717/2026 NISIMA BEGUM HAQUE AND ANR W/O NIZAMUDDIN HAQUE R/O BABUPATTI BORA ROAD, WARD NO. 4, P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM 2: HIFFAZ SAMI ARIF S/O LATE ARIF AHMED R/O BABUPATTI THANA ROAD WARD NO. 4 P.S. SIVASAGAR DIST. SIVASAGAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MS. F B CHOUDHURY,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 29.07.2026 1. Heard Mr. U. U. Khan, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Nisima Begum Haque and Hiffaz Sami Arif, have prayed for granting pre-arrest bail, apprehending arrest in connection with Jalukbari P.S. Case No. 264/2026, registered under Section 117(2)/142/351(3)/69/79/89 of BNS, 2023. 3. The FIR on the basis of which the petitioners have been arrayed as an accused was lodged by the victim stating that she had a relationship with the main accused person namely, Numan Rizvi Haque and that the said accused person had abused her both physically and mentally and has refused to marry her. The informant had further leveled allegation against the cousin brother as well as mother of the main accused person. She stated that petitioner No.1 who is the mother of the main accused person had levelled false allegation about her and had informed the same to her father and that petitioner No.2, the cousin brother of the main accused has also alleged to have scolded her with filthy language. 4. Learned counsel for the petitioner submits that the main accused person has been enlarged on bail by this Court which he has annexed in the instant petition. He further submits that false allegations have been leveled against the petitioners by the informant. 5. Learned Additional Public prosecutor submits that specific allegations were made against the petitioner to the extent that both of them have insulted her and had caused her serious mental trauma. 6. Upon consideration of the submissions made by the learned counsel for the parties more so in view of the fact that the main allegations were against the main accused person who has been enlarged on bail, this Court deems it fit to enlarge the petitioners on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/-each with one local surety of the like amount each to the satisfaction of the arresting Page No.# 3/3 authority under the following conditions that the petitioners: (a) will appear before the IO as and when call for; (b) will not influence the witness connected with the case. (c) will not hamper or tamper with the evidence of the case. (d) will not leave the place of residence without the permission of the CJM, Sivasagar. 7. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant