Page No.# 1/3 GAHC010101642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1101/2025 SRI SUDIP SARKAR AND ANR S/O- SRI GUNIN SARKAR. R/O- VILL.- DUWAMAKHA. P.O- LATIBARI. P.S.- TAMULPUR. DIST.- TAMULPUR. B.T.R.(ASSAM) 2: SMTI. REENA SARKAR. W/O- SRI. SUDIP SARKAR. R/O- VILL.- DUWAMAKHA. P.O.- LATIBARI. P.S.- TAMULPUR. DIST.-TAMULPUR B.T.R.(ASSAM VERSUS THE STATE OF ASSAM. REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. A. C. AZAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.06.2025 Page No.# 2/3 Heard learned counsel Mr. B Choudhury for the petitioners Sri. Sudip Sarkar and Sri. Reena Sarkar who have filed this application under Section 482 of the B.N.S.S, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Tamulpur P.S Case No. 112/2025 under Section 103/3(5) of the B.N.S, 2023. Heard Mr. K Baishya, learned Additional Public Prosecutor, Assam. The allegation against the petitioners is that they have set ablaze the victim who went to visit them. The victim’s father has lodged an F.I.R against the petitioners who are related to him. It is submitted on behalf of the petitioners that the victim and her cousin i.e. the petitioner’s son had an illicit relationship and when the petitioners caught the victim along with their son i.e. her cousin, the victim committed suicide. It is, therefore, submitted that this cannot be a case of abetment to commit suicide because the victim was ashamed of her conduct and then she committed suicide out of embarrassment. No role can be attributed to the petitioners that they have abetted the commission of suicide and this is not at all a case of murder under Section 103 of the B.N.S.S, 2023. Mr. K Baishya, learned Additional Public Prosecutor, Assam has raised serious objections stating that there are incriminating materials in the Case Diary against the petitioners. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Diary against the petitioners. The petitioners are booked under a heinous offence. At this juncture, when the investigation is still under progress, the petitioners are not entitled to Anticipatory Bail as it appears that investigation may be adversely affected if the petitioners are insulated by an order of Anticipatory Bail. Considering all aspects, petition stands rejected at this stage. Send back the Case Diary. Page No.# 3/3 JUDGE Comparing Assistant