Advocates Appeared:
For the Petitioner: Mr. A.R. Bhuyan, Mr. M.A. I Hussain and Ms. S. Begum
For the Respondents: Ms. M. Bhattacharjee

Key Points: - (!) There are two conditions for bail under Section 4: the aggrieved married Muslim woman must be given notice and heard, and the Magistrate must record satisfaction of reasonable grounds for granting bail. (!) - (!) The hearing of the married Muslim woman upon whom talaq was pronounced is required before granting bail; she must be informed about the bail petition and given notice. (!) - (!) Both conditions (notice/hearing and satisfaction of reasonable grounds) must be read together and complied with; without them, bail cannot be granted, applicable to anticipatory bail as well. (!) - (!) Petitioner may file for reconsideration of anticipatory bail in light of the addition of sections 3 and 4. (!) - (!) The Investigation should consider adding Section 4 and possibly Section 3, with monitoring by the court. (!) - (!) Protection Officer under Section 4 of the Act should take necessary action; investigation should proceed expeditiously. (!) - (!) Shayara Bano case context referenced; Ordinance includes definitions and applicability of talaq-e-biddat, with Section 4 punishments and Section 7 cognizable/compoundable with Magistrate’s permission. (!) - (!) Final disposal: writ petition dismissed, liberty to approach Additional District and Sessions Judge for reconsideration; copy of order to SP Kamrup Amingaon. (!)

What is the procedure and conditions for granting bail under Section 4 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018?

What are the prerequisites for anticipatory bail when Section 4 of the Ordinance is invoked, and how must the aggrieved married Muslim woman be treated in the process?

What steps and considerations must a court take regarding addition of Sections 3 and 4 of the Ordinance to a case already under IPC 498A, and how should existing bail orders be treated?