Page No.# 1/4 GAHC010045352025 2025:GAU-AS:4204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AB/501/2025 RADHA RAMAN KUNDU ALIAS RADHAMOHAN DUTTA AND ORS S/O LATE GAURANGA KUNDU RESIDENT OF LANKA PATTY WARD NO. 1 PS LANKA DIST HOJAI ASSAM 2: RINKU KUNDU SW/O RADHA RAMAN KUNDU @ RADHAMOHAN DUTTA RESIDENT OF LANKA PATTY WARD NO. 1 PS LANKA DIST HOJAI ASSAM 3: RUPAN KUNDU ALIAS NEPAL KUNDU S/O RADHA RAMAN KUNDU @ RADHAMOHAN DUTTA RESIDENT OF LANKA PATTY WARD NO. 1 PS LANKA DIST HOJAI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Page No.# 2/4 ------------ Advocate for : MD A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05-04-2025 Heard Mr. A.W. Aman, the learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting anticipatory bail to the accused/petitioners in connection with Lanka P.S. Case No. 03/2025 u/s 61(2)/80 of Bharatiya Nyaya Sanhita, 2023, R/W Section 4 of the Dowry Prohibition Act, 1961. 3. It is submitted by Mr. Aman that the present accused/petitioners are the parents-in-law and the brother-in-law of the deceased and they are no way related in the alleged offence. However, it is a fact that the victim committed suicide out of depression and they are not an abetter of the said offence. However, they are ready and willing to cooperate with the Investigating Officer in further investigation of the case, if they are granted the privilege of pre-arrest bail. 4. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that as per the statement of the informant all the accused-petitioners Page No.# 3/4 inflicted torture on her and also demanded dowry to the victim for which she took such step. However, it is submitted by Mr. Kaushik that the statement of all the three petitioners are also available in the Case Diary and they appeared before the Investigating Officer and their statement were also recorded. 5. Considering the submissions made by the learned counsel for both sides and also considering the fact and availability of the petitioners’ statement in the Case Diary, it is seen that the accused/petitioners cooperated in the investigation of the case and thus their custodial interrogation may not be necessary for the purpose of investigation. 6. Considering the entire submissions made by the learned counsel for both sides and other aspects of the case, I find it is a fit case to extent the privilege of pre-arrest bail to the present petitioners. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, [1] Radha Raman Kundu @ Radhamohan Dutta, [2] Rinku Kundu and [3] Rupan Kundu @ Nepal Kundu in connection with Lanka P.S. Case No. 03/2025 u/s 61(2)/80 of Bharatiya Nyaya Sanhita, 2023, R/W Section 4 of the Dowry Prohibition Act, 1961, they shall be enlarged on pre- arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer within 7(seven) days. (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and Page No.# 4/4 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, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant