Page No.# 1/4 GAHC010141822026 2026:GAU-AS:12696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1559/2026 RAKIBUL ISLAM LASKAR ALIAS RAKIBUL BARBHUIYA AND ANR SON OF- SAMSUL HAQUE BARBHUIYA 2: HAJIRA BEGUM LASKAR ALIAS HAJIRA BEGUM BARBHUIYA W/O - SAMSUL HAQUE LASKAR BOTH ARE RESIDENTS O VILLAGE/ P.O. DHONCHARI PT-I P.S.- SONAI DISTRICT- CACHAR ASSAM-78801 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T A CHOUDHURY, J NABI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 02.09.2026 Heard Mr. A. Y. Choudhury, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam. Page No.# 2/4 2. By this application, the petitioner has paid for pre-arrest bail) in connection with Sonai Police Station Case No. 59/2026 registered under Sections 108/3(5) of BNS 2023. 3. The FIR in connection with which the petitioners are apprehending arrest was lodged on 23.06.2026 by the mother of the victim, stating inter alia, that petitioner No.1 was maintaining a love relationship with her 15 years old daughter by enticing her through marriage temptations. She further submits that, she instructed her daughter not to continue with such relationship and her daughter had stopped. However, she submitted that on 20.06.2026 at around 6:00 P.M., she found her daughter to have committed suicide by hanging herself inside her house. Thereafter, she stated that she found few messages in the cell phone of her daughter showing the complicity of the petitioner No. 1. One allegation was also made against the mother of petitioner No. 1 to the extent that the mother had refused the marriage of petitioner No.1 and the victim. The case was registered for the offences of abatement by the police. 4. The learned counsel for the petitioners, submits that the petitioners have got nothing to do with the offence mentioned in the said FIR. He submits that the relationship between the petitioner and the victim was stopped by the mother of the victim and that they had got nothing to do with her. 5. Mr. R. J. Boruah, the learned Addl. Public Prosecutor for the State, submits that the contents in the FIR makes it clear that due to the actions of the petitioners the victim committed suicide and as such, an offence under abatement is made out. Page No.# 3/4 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the law laid down by the Hon’ble Apex Court, that the ingredients of abatement has to be specifically there for attracting the charge thereof, this Court deems it fit to enlarge petitioner No.1 on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: (i) the petitioner shall appear before the Investigating Officer within a period of 10 days from the date of the order and thereafter as and when called for. (ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer. 7. As far as petitioner No. 2 is concerned, it is seen that petitioner No.2 was enlarged on interim pre-arrest bail vide order dated 15.07.2026 under one of the condition that she should appear before the Investigating Officer within 10 days. 8. Mr. Baruah, submits that Petitioner No. 2, has appeared and her statement was recorded. As such, it is seen that she is cooperating with the investigation. Accordingly, the order dated 15.07.2026 is made absolute with regard to Petitioner No.2 with the further direction that she should comply with the directions already mentioned in the said order. Page No.# 4/4 9. The AB Application stands disposed of. JUDGE Comparing Assistant