Page No.# 1/4 GAHC010170902025 2025:GAU-AS:12876 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1868/2025 JAMIRUL HOQUE SARKAR AND 2 ORS. S/O LATE MOJAMMEL HOQUE SARKAR RESIDENT OF VILL- NO. 1 BASHBARI. 2: JAHEDUL HOQUE SARKAR S/O LATE MOJAMMEL HOQUE SARKAR RESIDENT OF NO. 3 BASHBARI 3: JAHIRUL HOQUE SARKAR S/O LATE MOJAMMEL HOQUE SARKAR RESIDENT OF VILL- NO. 3 BASHBARI ALL ARE P.S. MANIKPUR DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.09.2025 1. Heard Mr. M. Khan, learned counsel for the petitioner and Mr. M. Rahman, learned counsel appearing for the informant/respondent no.2. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition under Section 482 BNSS, is filed for granting the privilege of pre-arrest bail to the petitioners, namely, (1) Jamirul Hoque Sarkar (2) Jahedul Hoque Sarkar and (3) Jahirul Hoque Sarkar apprehending their arrest in connection with Manikpur P.S. Case No. 88/2025 registered u/s 108 BNS, 2023. 3. The petitioners who are the family members of the main accused, in a relationship with the victim – were granted interim pre- arrest bail on 05.08.2025. 4. It is submitted by the learned counsel for the petitioner that pursuant thereof, they appeared before the I.O and their statements were recorded and the same is confirmed by the learned Additional Public Prosecutor for the State. 5. The learned counsel appearing for the informant/respondent no.2 opposing the bail, submits that the interim bail granted to the Page No.# 3/4 petitioners should not be made absolute. 6. The learned Additional Public Prosecutor for the State has submitted upon a query by the Court that the same is also not revealed from the statements of the witnesses. From the materials, it is clear that the accused and the deceased were in a relationship, during which she had an expectation/assurance of marriage. The parties along with other family members also appeared before the police station and where there was an assurance that the accused would solemnize the said marriage. However, the marriage did not take place and eventually, the girl’s death occurred. 7. The police have seized suicide note and one bottle of Aluminum Phosphide with a suspicious smell. The materials in the case diary stated that the girl committed suicide at her home. 8. In view of the materials available so far, the progress of the investigation and the co-operation rendered to the I.O by the petitioners, I deem it proper to make their interim bail absolute. 9. Accordingly, the interim bail granted to the petitioners vide order dated 05.08.2025 is hereby made absolute subject to the conditions : i) That the accused persons shall not intimidate or harass the informant and his family members; ii) That the accused persons shall not Page No.# 4/4 hamper or tamper with evidence. 10. Return back the case diary. 11. Accordingly, the anticipatory bail petition stands disposed of. JUDGE Comparing Assistant