Sopiqul Hoque And 3 Ors vs State Of Assam

Heard Mr. R. Ali, learned counsel for the petitioners and Mr. D. Das, learned Additional Public Prosecutor appearing for the State.

By this petition under Section 438 Cr.P.C., the petitioners, namely, 1. Sopioul Hoque, 2. Mandal Sheikh, 3. Saiful Huque and 4. Saidul Islam, have

prayed for granting them pre-arrest bail, apprehending arrest in connection with Dhubri P.S. Case No. 422/2021 under Section 498(A) of the IPC.

The case was registered on the basis of an FIR dated 16.03.2021 lodged by the informant one Ajibor Rahman, alleging physical and mental

harassment to his sister Akida Begum, who was married the petitioner No. 1 about a year back. It is alleged in the FIR that the accused persons,

namely, petitioners herein had been assaulting and harassing her by demanding motor cycle. Finding no alternative, his sister had taken shelter at the

house of the informant since the last few days. Further, being unable to bear the harassment, his sister poured kerosene oil on herself and had set

herself on fire on 16.03.2021 and, thereafter, she had been admitted at Dhubri Civil Hospital for treatment.

Considering the allegations made in the FIR, let the case diary be called for.

In the meantime, as the petitioner No. 4 is shown to be a minor, who is 14 years old, in the event of his arrest in connection with the aforesaid case, he

shall be released on interim pre-arrest bail on furnishing a bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) only with one local surety of like

amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:-

(i) That the petitioner No. 4 shall appear before the Investigating Officer on every date as required;

(ii) That the petitioner No. 4 shall not hamper or tamper with the investigation in any manner;

(iii) That the petitioner No. 4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iv) That the petitioner No. 4 shall not leave the territorial jurisdiction of Dhubri without obtaining prior written permission from the concerned

Investigating Officer of the case.

If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the interim bail granted to the

petitioner No. 4.

After receipt and due perusal of the case diary, the prayer for anticipatory bail in respect of the petitioner Nos. 1, 2 and 3 will be considered.

List this matter on 16.06.2021.