Page No.# 1/4 GAHC010095842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1048/2025 ANOWARA KHATUN @ ANORA KHATUN AND ORS W/O- MOXED ALI. R/O- VILL.- HAPACHARA P.S.- BONGAIGAON, DIST- BONGAIGAON (ASSAM) 2: AKRAMUL HOQUE @ AKRAMUL ALI S/O- MOXED ALI R/O- VILL.- HAPACHARA P.S.- BONGAIGAON DIST- BONGAIGAON (ASSAM) 3: MOXED ALI S/O- LT. AZGAR ALI. R/O- VILL.- HAPACHARA P.S.- BONGAIGAON DIST- BONGAIGAON (ASSAM VERSUS THE STATE OF ASSAM. REPRESENTED BY THE PP,ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.06.2025 1. Heard Mr. M. I. Hussain, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Anowara Khatun @ Anora Khatun, (2) Akramul Hoque @ Akramul Ali and (3) Moxed Ali, who are apprehending their arrest in connection with Bongaigaon P. S. Case No. 103/2025 under Section 108 of the BNS, 2023. 3. The gist of the accusation in this case is that on 26.04.2025, one Safiur Rahman had lodged an FIR naming therein four accused persons, including the present petitioners, inter-alia, alleging that that the sister of the informant was married to one Amir Hussain (son of the petitioner No.3). 4. It is also alleged in the FIR that taking advantage of the absence of her husband, accused No.1 mentioned in the FIR, i.e., Tazibul Islam, was hiding inside the house of the informant's sister with inferior motive of having physical relationship with her. At that time the sister of the informant saw him and started screaming. 5. It is further stated in the FIR that at that time Akramul Hoque, i.e. petitioner No. 2, came forward and tried to apprehend his brother Tazibul Islam, however, he fled away. 6. The learned counsel for the petitioner has submitted that though this bail application has been filed by three petitioners, however, in the meanwhile, Page No.# 3/4 the petitioner No. 2 Akramul Hoque @ Akramul Ali has already been arrested. 7. He further submits that the petitioner No. 1 is the mother-in-law of the deceased, whereas, the petitioner No. 3 is the father-in-law of the deceased, and no accusation has been made against them in the FIR, though, they are named in the FIR. 8. The learned counsel for the petitioners has submitted that the petitioner Nos. 1 and 3 are ready to cooperate in the investigation, hence, they may be allowed to go on anticipatory bail. 9. On the other hand, the learned Additional Public Prosecutor, Mr. B. Sarma, has produced the case diary of Bongaigaon P. S. Case No. 103/2025, and has submitted that the main allegation in the case diary is against one Tazibul Islam and against the petitioner Nos. 1 and 3, there is no specific incriminating materials in the case diary. 10. I have considered the submission made by the learned counsel for both the sides and have gone through the case diary. 11. As no specific incriminating materials has been found in the case diary against the petitioner No.1 Anowara Khatun @ Anora Khatun and the petitioner No. 3 Moxed Ali, they are granted protection under Section 482 of the BSS, 2023. It is directed that if they are arrested in connection with Bongaigaon P. S. Case No. 103/2025, they shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioners shall co-operate in the investigation. ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such Page No.# 4/4 person from disclosing such facts of the case before the Investigating Officer. 12. Send back the case diary. 13. This anticipatory bail application is accordingly, disposed of JUDGE Comparing Assistant