Page No.# 1/6 GAHC010093572025 2025:GAU-AS:6183 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1020/2025 BIKRAM BORO AND ORS S/O-LATE RAHINDRA BORO. R/O- VILL- HOLONGJULI, NO.2 GANAKPARA, P.S- CHAYGAON, DIST.- KAMRUP, ASSAM. 2: DIPIKA BORO W/O- BIKRAM BORO. R/O- VILL- HOLONGJULI NO.2 GANAKPARA P.S- CHAYGAON DIST.- KAMRUP ASSAM. 3: KALPANA BORO W/O- LATE RATHINDRA BORO. R/O- VILL- HOLONGJULI NO.2 GANAKPARA P.S- CHAYGAON DIST.- KAMRUP ASSAM. 4: MINAKSHI BORO @ MAINA BORO W/O- BHABANA BORO. R/O- VILL- HOLONGJULI NO.2 GANAKPARA P.S- CHAYGAON DIST.- KAMRUP ASSAM. 5: PARUL BORO W/O- SRI GORUCHARAN BORO. Page No.# 2/6 R/O- VILL- HOLONGJULI NO.2 GANAKPARA P.S- CHAYGAON DIST.- KAMRUP ASSAM. 6: NAYANMONI RABHA W/O- BHUTTA RABHA. R/O- VILL- HOLONGJULI NO.2 GANAKPARA P.S- CHAYGAON DIST.- KAMRUP ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. K N KALITA, MR K DEKA,MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.05.2025 1. Heard Mr. B. Islam, the learned counsel for the petitioners. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing for Page No.# 3/6 the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Bikram Boro, (2) Dipika Boro, (3) Kalpana Boro, (4) Minakshi Boro @ Maina Boro, (5) Parul Boro and (6) Nayanmoni Rabha, who are apprehending their arrest in connection with Chaygaon P.S. Case No. 129/2025, under Section 108/3(5) of the BNS, 2023 (corresponding to G.R. Case No. 390(K)/2025. 3. The gist of accusation in this case is that on 23.04.2025, one Bhagawati Rabha had lodged an FIR before the Officer-In-Charge of Chaygaon police station, naming the present petitioners in the FIR, inter alia, alleging that on 22.04.2025, at about 7:00 AM, the petitioners came to the house of the informant and made an accusation against her daughter-in-law of having involved in extra marital affairs with one Bikram Boro and thereafter, snatched the mobile phone from the daughter-in-law of the informant. It is also alleged that they killed the daughter-in-law of the first informant. 4. It is further stated in the FIR, thereafter, the dead body of the daughter-in-law of the first informant was found hanging from a tree in the backyard of their house. 5. The learned counsel for the petitioners has submitted that the death of the deceased is suicidal in nature and there is nothing on record to indicate that it is the petitioners, who abated the suicide of the deceased. Page No.# 4/6 6. The learned counsel for the petitioners has also submitted that in the meanwhile, the mother of the deceased had lodged another FIR against the informant, Bhagawati Rabha and her family members of killing the deceased Junuka Rabha and the said FIR was registered as Chaygaon P.S. Case No. 131/2025. 7. The learned counsel for the petitioners has submitted that the petitioners are ready to co-operate with the investigation. 8. On the other hand, Ms. N. Das, the learned Additional Public Prosecutor has produced the Case Diary of Chaygaon P.S. Case No. 129/2025, and has submitted that from the post-mortem examination report, it appears that the death of the deceased was suicidal in nature and was caused by ante-mortem hanging. She further submits that there are incriminating materials against the petitioner Nos. 2,3 and 4 in the Case Diary. 9. I have considered the submissions made by the learned counsel for both the parties and have gone through the Case Diary of Chaygaon P.S. Case No. 129/2025. 10. The post-mortem examination report of the deceased indicate that the death of the deceased Junuka Rabha was due to ante-mortem hanging and the only accusation against the present petitioner Nos. 2,3 and 4 in the Case Diary is that the mother-in-law of the deceased, against whom an accusation has been made by the mother of the deceased, and other relatives of the deceased, have implicated the petitioner Nos. 2,3 and 4 of accusing the deceased of having being involved in the extra- Page No.# 5/6 marital affairs with Bikram Boro. 11. Though the learned Additional Public Prosecutor has submitted that the accusation of extra marital affairs made by the present petitioners led to the commission of suicide by the deceased, however, in view of the lodging of the separate FIR, by the mother of the victim, it would be too early to reach to the said conclusion. 12. Considering, the nature of accusation levelled against the present petitioners, this Court is of the considered opinion that if the petitioners co-operate in the investigation, their custodial interrogation may not be necessary for fair completion of the investigation of Chaygaon P.S. Case No. 129/2025. 13. For the aforesaid reasons, the above-named petitioners are hereby directed to appear before the Investigating Officer of Chaygaon P.S. Case No. 129/2025, 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 bail of Rs. 30,000/- each 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 persons 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. Page No.# 6/6 14. This anticipatory bail application is accordingly disposed of. 15. Send back the Case Diary. JUDGE Comparing Assistant