Page No.# 1/4 GAHC010153622025 2025:GAU-AS:10790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1664/2025 MOMIRUJ JAMAN S/O LT. KHOLILUR RAHMAN R/O VILL- KHODAIDILA, P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM 2: ANOWARA BIBI @ ANOWAR KHATUN W/O MOMIRUJ JAMAN R/O VILL- KHODAIDILA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N ALAM R K, MR. A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 13-08-2025 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. N. Alam R K, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with South Salmara P.S. Case No. 67/2025 under Sections 61(2)/96/103 of the BNS, 2023. 3. Case diary has already been received. Perused the same. 4. It is submitted by Mr. Choudhury, learned Senior Counsel that the petitioners are innocent and they are not at all involved in the alleged offence. The petitioners herein are the father and mother of the accused No.1 Anarul Islam, who already got arrested in this case. 5. He further submitted that as per the FIR, the minor victim girl of the informant was missing since 05.06.2025 and there was no such missing complaint and subsequently, the FIR was lodged on 23.06.2025 after the death of the deceased with the allegation that the accused No.1 had killed his daughter at the instigation of the petitioner Nos. 1 and 2. The present petitioners are not at all involved in the alleged offence and the accused No.1 also did not bring the deceased to their house. However, there was a proposal for marriage of the victim girl with their son, but as the victim did not attain her marriageable age, the petitioners did not agree for the said marriage. Page No.# 3/4 Apart from that they are not at all involved in the offence. 6. However, they are ready and willing to cooperate with the I.O. in further investigation of the case, if they are granted with some interim protection. 7. Mr. Sarma, learned Addl. PP submitted in this regard that it is fact that the accused petitioner No.1 had a love affair with the victim and they were staying together as husband and wife, though no one have seen their marriage. He further submitted that there was incriminating materials brought against these petitioners by some of the witnesses in their statement recorded under Section 180 BNSS. 8. Mr. Sarma, further submitted that the FSL report also shows that the negative report of presence ethane alcohol in the vicera of the deceased. From the post mortem report it also reveals that it may be a case of suicidal hanging. 9. After hearing the submissions of the learned counsel for both the sides and the material available in the case diary and other aspects of the case, I find it to be a fit case to extend the privilege of interim bail to the present petitioners. 10. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (1) Momiruj Jaman and (2) Anowara Bibi @ Anowar Khatun, in connection with South Salmara P.S. Case No. 67/2025 under Sections 61(2)/96/103 of the BNS, 2023, they shall be enlarged on interim pre- arrest bail on their executing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall appear before the Investigating Officer of the case within a period of 1(one) Page No.# 4/4 week from today to enable recording of their statement; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 11. This pre-arrest bail application accordingly stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant