Page No.# 1/3 GAHC010164512025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1811/2025 SHAHIDUL ISLAM SON OF MATIOR RAHMAN VILL- DAMALJAR, P.S. BARPETA, P.O. PALHAJI, DIST. BARPETA, ASSAM PIN-781309 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, R KHANOM,MR. R ISLAM,H G DAISY,R BEGUM,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31.07.2025 1. Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Shahidul Islam, who is apprehending his arrest in connection Page No.# 2/3 with Barpeta P.S. Case No. 257/2025 under Section 85 of BNS read with Section 4 of the Dowry Prohibition Act. 3. The gist of accusation in this case is that on 04.06.2025 one Rahinur Siddique had lodged an FIR, inter alia, alleging that the informant entered into a marriage with petitioner on 22.12.2024 and after 20 days of marriage, the petitioner demanded Rs.15,00,000/- (Rupees Fifteen Lakh) as dowry from the parents of the informant. It is also alleged in the FIR that the petitioner is now refusing to recognize the informant as his wife and has subjected to torture. 4. The learned counsel for the petitioner submits that Section 85 of BNS is not applicable to this case as till date the petitioner have not married the informant and only a ring ceremony was performed and therefore, there is no legal relationship of husband and wife between the petitioner and the informant. He also submits that the offence under Section 4 entails punishment less than three years whereas offence under Section 85 of BNS provides for punishment less than seven years and he is ready to co-operate in the investigation. However, the police is now searching for the petitioner. 5. On the other hand, learned Additional Public Prosecutor prays for calling of the case diary. 6. I have considered the submissions made by the learned counsel for both sides. 7. Considering the nature of offence involved in this case, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial interrogation may not be necessary for fair completion of the investigation of the aforesaid case. 8. In view of the above, the above named petitioner is directed to appear Page No.# 3/3 before the Investigating Officer of Barpeta P.S. Case No. 257/2025 within a period of seven days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest, in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioner 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 person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 9. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant