Page No.# 1/2 GAHC010053112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/614/2025 MD ABDUL HAI SON OF LATE RAMJAN ALI, RESIDENT OF VILLAGE KACHARUA, P.O PUTHIMARI, P.S KAMALPUR, DISTRICT KAMRUP, ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR S H SIKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.04.2025 Heard Mr. S M Abdullah P., the learned counsel appearing for the petitioner. Also heard Ms. N Das, the learned Additional Public Prosecutor for the State of Assam. 2. This is the 2nd bail application under Section 482 of the BNSS, 2023, praying for pre- arrest bail in respect of Kamalpur P. S. Case No. 104/2024. 3. On 22.08.2024, this Court, vide AB/1952/2024 rejected the bail application of the Page No.# 2/2 present petitioner. On that day, the informant had objected to this bail application. Therefore, this time also notice was issued to the informant. However, the same has not yet been received. 4. The ground shown in the bail application is that the petitioner has to look after his two children, aged about 7 years and 11 months. 5. In this case, one married woman committed suicide by consuming poison. Her father has alleged in the FIR that she was physically and mentally tortured by the present petitioner and his relatives for want of dowry. The couple was married for about 8 years. They were blessed with two children. 6. Ms. N. Das has objected to this bail application on the ground that there are some incriminating materials available in the case diary. 7. I have considered the submissions made by the learned counsels of both sides. 8. It is an admitted fact that the deceased died after consuming poison. The question as to whether the present petitioner, being the husband of the deceased, abated her to commit suicide can be determined by the Investigating Officer. 9. For that matter, the petitioner does not deserve to be detained in custody. The ground shown by the petitioner is satisfactory. Therefore, his pre-arrest bail application is allowed. 10. It is hereby directed that in the event of arrest in connection with Kamalpur P. S. Case No. 104/2024, the petitioner Md. Abdul Hai shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority. 11. The petitioner shall co-operate with the police investigation as and when called for. With the aforesaid direction, the present bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant