Gauhati High Court
AB/1830/2026 of SAHANAZ BEGUM Vs THE STATE OF ASSAM on 19 August 2026
GAHC010165332026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1830/2026 SAHANAZ BEGUM D/O- SHAHOM ALI, VILL- RANGESWARI PAM, P.S- NAGARBERA, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P, ASSAM Advocate for the Petitioner
GAHC010165332026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1830/2026
SAHANAZ BEGUM
D/O- SHAHOM ALI, VILL- RANGESWARI PAM, P.S- NAGARBERA, DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY P.P, ASSAM
Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 20-08-2026 Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor appearing for the State of Assam. This is an application under Section 482 of the BNSS, 2023 whereby the petitioner, namely, Sahanaz Begum, is seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as Nagarbera Police Case
No. 14/2026 registered under Section 103(1) of BNS, 2023. The allegation in the FIR the accused had intentionally caused the death of her five-day-old daughter. The medical documents annexed to the bail petition revealed that the petitioner is suffering from post-partum psychosis, which is stated to be a mental illness. The learned Addl. Public Prosecutor has submitted that the Case Diary reveals that the child had been put to death. The learned counsel for the petitioner has submitted that the petitioner, being a patient of mental illness, is required to undergo treatment and is, in fact, presently admitted in Gauhati Medical College Hospital (GMCH) in the Psychiatry Department. Having heard the learned counsel for the parties and also having considered the fact that the petitioner is suffering from a mental illness, namely post partum psychosis, which is a rare mental health emergency that occurs after childbirht, causing sudden symptoms of delusions, halucinations and extreme mood swings, and is admitted in a hospital and it would be more of a burden on the State to take her into custody at this stage, I am of the considered opinion that the petitioner can be granted a privilege of pre-arrest bail with appropriate surety of her attending the investigating process as and when she is required. Accordingly, the petitioner, if arrested, shall be released on bail on furnishing a bond of Rs. 15,000/- with two sureties of the like amount to the satisfaction of the arresting authority. The investigating officer shall be at liberty to verify the correctness of the mental illness and the admission of the petitioner in the hospital as stated by the counsel for the petitioner and thereafter, if the same is found to be incorrect, bring it to the notice of this Court and pray for cancellation of the present privilege being granted. Anticipatory Bail accordingly stands disposed of. JUDGE Comparing Assistant