Page No.# 1/4 GAHC010083452025 2025:GAU-AS:6944 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/920/2025 NIJAM UDDIN AND 2 ORS S/O LATE AFLUJ BEPARI R/O VILL-TEDHERA PATHAR P.S. BAGHBAR, P.O. MANDIA, DIST. BARPETA, ASSAM 2: NURJAHAN BEGUM W/O NIJAM UDDIN R/O VILL-TEDHERA PATHAR P.S. BAGHBAR P.O. MANDIA DIST. BARPETA ASSAM 3: NURTAZ BEGUM D/O NIJAM UDDIN R/O VILL-TEDHERA PATHAR P.S. BAGHBAR P.O. MANDIA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 28.05.2025 1. Heard Mr. R. Ali, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Nijam Uddin, (2) Nurjahan Begum and (3) Nurtaz Begum, who are apprehending their arrest in connection with Baghbar P.S. Case No. 65/2024, under Sections 61(2)/85/109 of the BNS, 2023 added Section 80 of the BNS, 2023. 3. The gist of accusation in this case is that on 03.12.2024, one Majibor Rahman had lodged an FIR before the Officer-In-Charge of Mandia Police Outpost under Baghbar police station, inter alia, alleging that the daughter of the informant, who was married to the accused No. 1, named in the FIR, was subjected to physical and mental cruelty and also asked to pay dowry of Rs. 3,00,000/-Rupees Three Lakhs only). 4. It is also alleged that on 02.12.2024, the accused No. 1, i.e. the husband of the deceased assaulted her and thereafter, the other accused persons caught hold of her and the accused No. 3, namely, Nurjahan Begum (petitioner No. 2) in this case poured diesel over her and set her Page No.# 3/4 on fire. 5. The learned counsel for the petitioner has submitted that the allegations levelled against the petitioners are not true. He submits that in the meanwhile, the husband of the deceased has already surrendered before the police and he is in judicial custody. He also submits that all the petitioners, who are the father-in-law, mother-in-law and sister-in-law of the deceased used to stay separately from the deceased and accused No. 1, and there was some altercation, and it is alleged that there was some altercation on the day of alleged incident and the deceased herself committed suicide by burning herself. 6. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail mainly to the petitioner No. 2 on the ground that there are sufficient incriminating materials against the said petitioner in the Case Diary. He submits that the deceased before dying had given her dying declaration, in which she has implicated her husband as well as the petitioner No. 2 of being the cause of her death. 7. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials on record. It appears that there are sufficient incriminating materials against the petitioner No. 2, namely, Nurjahan Begum in the Case Diary. Hence, her prayer for anticipatory bail is rejected at this stage. 8. On the other hand, considering the materials on record, the other two petitioners, namely, Nijam Uddin, and Nurtaz Begum are directed to appear before the Investigating Officer of Baghbar P.S. Case Page No.# 4/4 No. 65/2024, within a period of 7(seven) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. Send back the Case Diary. 10. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant