Page No.# 1/3 GAHC010031622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/342/2026 SAFIUR RAHMAN ALIAS SAFIUR RAHMAN KHAN SON OF ABDUR REZZAQUE KHAN, RESIDENT OF VILLAGE NO. 2 GOKULKATA, P.O.- SHIMULTAPU, P.S. GOSSAIGAON, DIST- KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL, P GANDHIYA,MS. A BORO,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 03.08.2026 Heard Mr. A. Lal, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Safiur Rahman @ Page No.# 2/3 Safiur Rahman Khan, has prayed for granting pre-arrest bail, apprehending arrest in connection with an FIR in Gouripur P.S. Case No. 43/2026 under Section 108 of BNS, 2023 (arising out of Gossaigaon P.S. Case No. 08/2026). 3. As per the FIR, the deceased was married to the petitioner for more than ten years, out of which she had been residing separately from him for the last six years. A female child was born out of their wedlock. 4. It is further alleged that the petitioner had demanded dowry and had subjected the deceased to physical as well as mental cruelty. 5. It is also alleged that, during the period of separation, the petitioner contracted a second marriage, which caused severe mental distress to the deceased. According to the informant, it is suspected that the deceased committed suicide on account of the alleged physical and mental cruelty inflicted upon her, coupled with the petitioner's alleged second marriage. 6. Learned counsel for the petitioner submits that the deceased had been living separately from the petitioner for the last six years and, therefore, there could be no question of abetment of suicide on the part of the petitioner. It is further submitted that the present FIR has been lodged only to deprive the petitioner of the custody of the minor child following the death of the deceased. 7. Learned Addl. P.P. submits that the deceased had left behind a suicide note, which is available with the TCR. 8. Upon perusal of the TCR, including the alleged suicide note, no material appears to indicate any proximate act on the part of the petitioner amounting to instigation or abetment that led the deceased to commit suicide. Page No.# 3/3 9. Pursuant to the interim protection granted by this Hon'ble Court, the petitioner appeared before the Investigating Officer, and his statement was duly recorded. The investigation has since been completed, and the charge-sheet has also been submitted. 10. Having regard to the aforesaid facts and circumstances, the custodial interrogation of the petitioner is no longer necessary. Accordingly, the prayer for grant of pre-arrest bail is allowed. 11. The order of interim pre-arrest bail dated 18.02.2026 is hereby made absolute on the same terms and conditions as may be applicable as of date. 12. It is further observed that the observations made in the present order are only for the purpose of adjudication of the instant bail application and shall have no bearing on the trial of the case. 13. The Anticipatory Bail petition, is accordingly stands disposed of. JUDGE Comparing Assistant