Page No.# 1/4 GAHC010160612026 2026:GAU-AS:11757 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1771/2026 MOFIDUL ISLAM ALIAS MD MOFIDUL ISLAM AND 2 ORS. S/O ASHRAF ALI ALIAS MD ASHRAB ALI, R/O VILL HARBHANGA, GOSSAIGAON, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM 2: ASHRAF ALI ALIAS MD ASHRAB ALI S/O ANSER ALI ALIAS ANASAR ALI R/O VILL HARBHANGA GOSSAIGAON PS GOSSAIGAON DIST KOKRAJHAR ASSAM 3: MARZINA BEGUM ALIAS MARZINA BIBI ALIAS MORJINA BEGUM W/O ASHRAF ALI ALIAS MD ASHRAB ALI R/O VILL HARBHANGA GOSSAIGAON PS GOSSAIGAON DIST KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,S T AMAN,MD A RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date: 18.08.2026 1. Heard learned Counsel Mr. A.W. Aman for the accused applicants and Ms. S.H. Borah, learned Addl.Public Prosecutor for the respondent State. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicants 1. Mofidul Islam @Md. Mofidul Islam, 2. Ashraf Ali @Md Ashrab Ali, and 3. Marzina Begum @Marzina Bibi @Morjina Begum apprehending arrest in connection with Gossaigaon P.S. Case No. 131/2026, registered under Sections 85/108/351(2)/3(5) of the BNS, 2023. 3. An FIR was lodged by the informant namely, Samsul Hoque on 22.06.2026 before the Officer-in-charge of the Gossaigaon Police Station alleging that his daughter was socially married to accused No. 1 on 21.06.2025; that soon after the marriage, the accused No.1 on the instigation of the accused Nos. 2 and 3 started subjecting the deceased to physical and mental cruelty; that while the deceased was five months pregnant, she visited her parental house on 09.04.2026 for casting her vote and could not return on the same day due to her illness; that on the next day, the accused applicant No.1 sent his younger brother to bring her back, after which, the alleged cruelty on the deceased intensified. It is alleged that on 16.04.2026, being unable to bear the torture, the deceased consumed some poison with suicidal intent. The accused persons Page No.# 3/4 alleged to have concealed the incident and provided her medical treatment and threatened to break off marital relationship if the matter is disclosed. It is alleged that when her condition deteriorated, she was admitted to Goalpara Life Care Hospital on 26.04.2026, where the doctor confirmed poison consumption and the deceased narrated the alleged incident to the informant. It is alleged that, thereafter, she was shifted to the Dispur Hospital in Guwahati on 27.04.2026. But she was discharged on 28.04.2026 taking into account her condition as there was little hope for her survival. It is alleged that the deceased passed away on the way back home. On the basis of the FIR, police registered the Gossaigaon P.S. Case No. 131/2026 under the aforementioned sections. 4. The learned Counsel for the accused applicants submits that there was no cruelty on the part of the accused applicants. He submits that the accused applicants were, in fact, not happy with the behaviour of the deceased and on the spur of the moment, she consumed poison. He submits that immediately she was taken to hospital and after spending some times in different hospitals, she was ultimately taken to Dispur Hospital for medical treatment wherefrom she was discharged and on the way back home, she died. He submits that there was no fault on the part of the accused applicants and the accused applicants had given whatever medical treatment required by the deceased. He further submits FIR had been lodged after almost 55 days of the alleged incident which is unexplained. He submits that in view of the aforesaid, the accused applicants should be granted pre-arrest bail. 5. The learned Addl.Public Prosecutor, on the other hand, submits that the accused applicants have started harassing and torturing her immediately after the marriage and when she consumed poison, she was already five months pregnant. Learned Addl.Public Prosecutor submits that taking into account the Page No.# 4/4 fact that she was already pregnant, the mental condition of a mother cannot be such that she would commit suicide when she was already carrying a child. 6. Case Diary has been produced. 7. This Court has considered the submissions made by the respective counsel. This Court has also perused the Case Dairy that has been produced and after finding sufficient prima facie incriminating materials against the accused applicants, this Court is not inclined to grant any relief to the accused persons at this stage. 8. Accordingly, the anticipatory bail application is rejected. 9. Send back the Case Dairy. JUDGE Comparing Assistant