Page No.# 1/3 GAHC010039412026 2026:GAU-AS:5306 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : AB/416/2026 SALMA AKTARA HUSSAIN AND ANR W/O SAIFUL ISLAM RESIDENT OF VILLAGE NAGARJHAR PS HOWLY DIST. BARPETA ASSAM 2: MOFIDA KHATUN W/O AMIR HAMZA RESIDENT OF VILLAGE NAGARJHAR PS HOWLY DIST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : MR. M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.04.2026 1. Heard Mr. H. R. A. Choudhury, learned senior counsel appearing for the Page No.# 2/3 accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Salma Aktara Hussain and Mofida Khatun, has prayed for granting pre-arrest bail, apprehending arrest in connection with Howli P.S. Case No.9/2026 under Sections 61(2)/115(2)/103(1)/3(5) of the BNS Act. 3. The present two petitioners are the wives of accused Nos. 1 and 2 named in the FIR and daughter-in-laws of the deceased/victim. 4. The informant is the daughter of the deceased and she lodged an FIR on 2/2/2026 naming the present petitioners (her brothers and two of her sister-in- laws). 5. The gist of the allegations is that her mother had inherited some property after the demise of her father and also she got some property from her brothers and she wanted to distribute the property equally amongst her children but petitioners have been pressurizing her to give the property only to her. And with regard to this, have been inflicting torture upon her for several years. It is further alleged that on 2/2/2026 in the morning they killed her and hanged her from the ceiling of one club located in front of her house. 7. The learned Additional Public Prosecutor submits that the though the postmortem report indicates ante mortem suicidal hanging, but it is revealed by the investigation that the deceased had suffered a fracture and was walking with a stick and how it was possible for her to indulge in suicidal hanging and that too in a place which is located in front of their house. It is submitted that the witnesses examined have stated about the victim being subjected to continual harassment and torture by the accused persons over such property issue. 8. I have perused the relevant portion of the case diary. Investigation has undoubtedly found incriminating materials against the petitioners lending support to the Prosecution contention about the victim being subjected to cruelty and harassment by her own sons for property. 9. Though, some doubts are being expressed as to the suicidal death of the Page No.# 3/3 victim as contended to by the Prosecution but investigation has not reached a definite conclusion on the basis of investigation materials apart from PM report as to whether the death is suicidal or homicidal. Some of the witnesses have stated about the death of the deceased being one of murder. 10. Only upon completion of investigation, the IO has to take a call on the penal provisions under which the charge-sheet is to be submitted, if at all and whether it would include penal provisions pertaining to homicide/murder. 11. Accordingly, in the aforesaid facts and circumstances, I do not find sufficient merit in the prayer for anticipatory bail and therefore, the instant bail petition stands rejected at this stage. 12. Return back the case diary. JUDGE Comparing Assistant