Page No.# 1/4 GAHC010236502025 2025:GAU-AS:15317 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2538/2025 HAFIJUL HUSSAIN SON OF JAKIR HUSSAIN, R/O VILLAGE KACHARUA, P.S.KAMALPUR, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 12.11.2025 1. Heard Mr. H R A Choudhury, learned Senior Counsel for the petitioner. Also heard Ms. R J Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner, namely; Hafijul Hussain, in connection with Rangia P.S Case No. 197/2025 registered under Sections 108 of BNS, 2023. 3. The petitioner begs to state that the informant of the case one Makibor Rahman, brother of the deceased lodged an FIR dated 26.08.2025 alleging inter alia that the accused No. 1 had been in a love relationship with his sister Jonmoni Begum for the past three years and, under the guise of that relationship, sexually exploited and blackmailed her. Eventually, when the proposal for marriage was made, accused No. 1, alongwith accused No. 2, demanded cash and various dowry items in order to marry his sister. Because of this, his sister did not have the courage to tell the family. Since their family somehow manages to survive with great difficulty, accused No. 1 often used to call his sister over the phone, and whenever she failed to give him money as per his demands, he would hurl obscene abuses at her and threaten her with death which his mother also heard. Having no other way out, his sister consumed poison on 23/08/2025 as she could no longer bear the torture inflicted by the accused. He immediately took her to Rangia Swasti Hospital, but unfortunately, she succumbed to death the next morning. Also the accused has illicit relationships with various young women and married ladies. After his sister's death, instead of showing any concern, the accused no.2 helped the accused no. 1 to abscond. After receiving the F.I.R. the officer in charge of Rangia Police Station registered a case vide Rangia P.S. Case No. 197/2025 under section 108 of BNS and started investigation. 4. Mr. H R A Choudhury, learned Senior Counsel for the petitioner submitted Page No.# 3/4 that the victim and the petitioner were in a relationship from the last three years which was known to their families. There was no instigation or averment on the part of the petitioner which led the deceased to commit suicide. Learned Senior Counsel for the petitioner has relied upon the decision of the Hon’ble Supreme Court in Yadwinder Singh alias Sunny vs. State of Punjab & Anr. reported in 2025 SCC OnLine SC 2332, wherein it was held that the ingredients to constitute an offence under Section 306 of the IPC would stand fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/incitement by the accused leaving no option but to commit suicide. The act of instigation as alleged must be with the intention to push the deceased into such a situation that she is left with no other option but to commit suicide. 5. Learned Additional Public Prosecutor submits with reference to the case diary that there is sufficient incriminating material against the petitioner. 6. Upon perusal of the case diary and the statements of the witnesses, it prima facie, appears that the victim was led to commit suicide due to the actions of the petitioner. 7. Considering the gravity of the offence and the material available in the case diary, the present is not considered to be a fit case for grant of pre-arrest bail. 8. Accordingly, the petition stands dismissed. Page No.# 4/4 9. Send back the case diary. JUDGE Comparing Assistant