Page No.# 1/4 GAHC010280172025 2026:GAU-AS:4025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2979/2025 RINKU GHOSH AND 2 ORS D/O LT. JURAN GHOSH 2: PUSPA GHOSH @ PUSPA MONDAL D/O LT JURAN GHOSH 3: MAYA GHOSH W/O- LT. JURAN GHOSH ALL ARE RESIDENTS OF VILL- KAWAIMARI 7 NO BLOCK P.S.-SARTHEBARI P.O- KARAGARI DIST- BARPETA ASSAM PIN-78137 VERSUS STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR OF ASSAM Advocate for the Petitioner : MR. P THAKURIA, S MEDHI,MS. D KHAKHALARY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 19-03-2026 Heard Mr. P. Thakuria, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Rinku Ghosh; (ii) Puspa Ghosh @ Puspa Mondal and (iii) Maya Ghosh in connection with Sarthebari P.S. Case No. 159/2025 registered under Sections 61(2)/103(1) BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Thakuria, learned counsel that the present petitioners are innocent and they have not committed any such offence as alleged in the FIR. It is a fact that the petitioner No.1 and the deceased had some quarrel due to some matrimonial dispute and he was habitual drunker and he used to torture her after his drink. Therefore, she left the house of the deceased and started staying in her parental house. On the day of incident also after having drink he came to the house of the present petitioners and after a quarrel he suddenly slipped and sustained injuries. Though the accused petitioners took him to the hospital, but he was declared dead. 5. However, the petitioners are still ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of pre-arrest bail. 6. Mr. Sarma, learned APP submitted in this regard that from the materials Page No.# 3/4 available in the case diary it is seen that there was a quarrel between the petitioner No.1 and the deceased and on the day of the incident also there was a quarrel, the accused No.2 namely, Chiranjit Ghosh had basically assaulted the deceased with a bamboo stick. His 9 years old child is the only eye witness to the incident. Mr. Sarma, further submitted that the though the post mortem report is received but the cause of death is yet to be ascertained as the FSL report is still awaited. 7. Considering the submissions made by the learned counsel for the parties as well as the materials available in the case diary, I find that custodial interrogation/detention of the present petitioners are not required for the purpose of investigation of the case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioners namely, (i) Rinku Ghosh; (ii) Puspa Ghosh @ Puspa Mondal and (iii) Maya Ghosh in connection with Sarthebari P.S. Case No. 159/2025 registered under Sections 61(2)/103(1) BNS, 2023, they shall be enlarged on pre-arrest bail on their executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall appear before the Investigating Officer of the case within a period of 1(one) week from today to enable recording of their statements; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection Page No.# 4/4 with the investigation of the aforesaid P.S. Case and (iii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant