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2025 DAILYLAW 27832 (GAU)

SANOWAR HUSSAIN AND 2 ORS v. THE STATE OF ASSAM

AB/2671/2025 · 2025-11-25

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010249592025 2025:GAU-AS:16094 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2671/2025 SANOWAR HUSSAIN AND 2 ORS S/O LATE MUNNAF ALI, R/O VILL. KADAMTALA KAPAHTALI, P.O. KADAMTALA, P.S. ALOPATICHAR, DIST. BARPETA, ASSAM, PRESENTLY RESIDING AT DALGOMA COLLEGE PARA, P.O. AND P.S. MATIA, DIST. GOALPARA, ASSAM, PIN 783125 2: MATIUR RAHMAN ALIAS MATIBAR RAHMAN S/O ABUL HUSSAIN R/O VILL. SUDARPUR P.O. DALGOMA P.S. MATIA DIST. GOALPARA ASSAM PIN- 783125 3: KARIM ALI ALIAS ABDUL KARIM S/O LATE NIYAMAT R/O VILL. KADAMTALA KAPAHTALI P.O. KADAMTALA P.S. ALOPATICHAR DIST.BARPETA ASSAM PIN- 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A CHOUDHURY, MS J MARIYAM,MS. A KAUSHAR,MR S ISLAM Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26.11.2025 1. Heard Mr. A Choudhury, learned counsel for the petitioners. Also heard Ms. N Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed U/S 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioners namely, 1. Sanowar Hussain, 2. Matiur Rahman @ Matibar Rahman and 3. Karim Ali @ Abdul Karim in connection with Alopatichar P.S Case No. 39/2025 (GR No. 1162/2025) filed U/S 61(2)/80 of the BNS, 2023. 3. An FIR was lodged on 11-10-2025 with the Officer-in-charge of Alopatichar Police Station by one Panej Ali, Son of Late Natu Ali of village-Basantapur N.C. under Alopatichar Police Station of Barpeta district alleging inter-alia that, for about 6 years back his daughter namely Anjir Khatun (25 years) entered into marriage with the accused No. 1 of the FIR in accordance with Mohammedan Shariyat. After marriage, his daughter took an amount of cash Rs. 1,00,000/- (Rupees One Lakh) only from him and handed over to the accused No. 1 and started their conjugal life and out of their wedlock she has been blessed with a male child and he was named as Masud aged about 312 years. It has been alleged that, during the conjugal life of his daughter with the accused No. 1, he started to inflict physical and mental torture upon his daughter by demanding dowry at the ill-advise and conspiracy of the petitioners. It has also been alleged that, the accused No. 1 also threatened his daughter of dire consequences if she does not fulfill his demand of dowry. It has been further alleged that, for a few months back, at the ill-advice and conspiracy of the present accused/petitioners the accused No. 1 demanded a Motor Cycle as well as an amount of Rs. 1,00,000/- from the informant's daughter as dowry. It has been stated in the FIR that, as the informant could not fulfill the demand of dowry Page No.# 3/3 because of his poverty, hence the accused No. 1 at the instance of the present petitioners used to inflict inhuman torture upon his daughter. On 7/10/25 at around 2 p.m. the accused No. 1 at the instance of the present petitioners assaulted the informant's daughter Anjir Khatun causing serious injuries on her person asking her to fulfill the dowry demand and subsequently set fire on her by pouring petrol. Although the informant's daughter was taken to Goalpara Civil Hospital for treatment but she expired on the way before reaching the Hospital. It has also been alleged that, the informant's daughter was 4 months pregnant at the time of death. Hence, the case. 4. Case Diary, as called for, has been received. 5. Upon perusal of the Case Diary it is submitted by Ms. N Das, learned Additional Public Prosecutor for the State of Assam that the statements of the witnesses do not implicate the present petitioners who are the relatives of the main accused who is already in custody. It is also submitted on behalf of the petitioner that the present petitioners resided in different places from the P.O house. 5. Considering the above, the prayer for pre-arrest bail is allowed. 6. The above named petitioners, in the event of their arrest in connection with this case, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- each with 1(one) local surety each of like amount to the satisfaction of the arresting authority, in connection with the aforesaid case. 7. It is further provided that the petitioners shall appear before the I/O as and when called for and cooperate with the investigation. 8. Bail petition stands disposed of. JUDGE Comparing Assistant