MD. AZIZUR RAHMAN v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-03. MD. AZIZUR RAHMAN v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010134982020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2670/2020 MD. AZIZUR RAHMAN S/O LATE IDRIS ALI, R/O 1 NO. ADAVETI, P. S. -SOTEA, DIST-BISWANATH (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER Date : 03-12-2020 Heard Mr. A Ahmed, learned counsel for the petitioner. Also heard Mrs. A Begum, learned Additional Public Prosecutor, appearing for the State respondent. This is an application, filed under Section 438 of the Cr. PC. seeking pre-arrest bail of the petitioner, namely, Md. Azizur Rahman, in connection with Bishwanath Chariali P. S. Case No. 221/2019 registered under Section 498A of the IPC read with Page No. # 2/2 Section 4 of the Muslim Women Protection of Right on Marriage Act, 2019.
Perused the case diary produced before this Court. The learned counsel for the petitioner has submitted that the petitioner has already brought back the victim/informant and they have started their conjugal life. On the other hand, the petitioner has appeared before the Investigating Police Officer after obtaining interim pre-arrest bail and has not misused the liberty granted to him while availing interim pre-arrest bail. On perusal of the materials in the case diary, it does not appear to this Court that custodial interrogation of the petitioner is necessary for the purpose of investigation of the case. Therefore, the petitioner is granted the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the petitioner vide order, dated 07. 10. 2020 is made absolute on the same terms and conditions. Return the case diary. The petition stands disposed of accordingly. JUDGE Comparing Assistant
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