Page No.# 1/5 GAHC010009492026 2026:GAU-AS:2399 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./198/2026 KHAIRUL HUSSAIN AND ANR S/O HABIBUL ISLAM RESIDENT OF VILL-DOTURI, P.S. BIJNI, DIST. CHIRANG, ASSAM 2: HABIBUL ISLAM S/O ABDUL SALAM SHEIKH RESIDENT OF VILL- DOTURI P.S. BIJNI DIST. CHIRANG ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S HOQUE, Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./365/2026 KAD BHANU BEGUM W/O HABIBUL ISLAM R/O VILL. DOTURI P.S. BIJNI Page No.# 2/5 DIST. CHIRANG ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Advocate for : MR S HOQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-02-2026 Heard Mr. S. Hoque, learned counsel for the petitioners in both the petitions and Mr. K. K. Das, learned Additional Public Prosecutor, for the State respondent. 2. Bail Appln. No. 198/2026 has been filed by the husband and father-in-law of the deceased and Bail Application No. 365/2026 has been filed by the mother-in-law of the deceased. 3. Both these applications filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Khairul Hussain; (ii) Habibul Islam and (iii) Kad Bhanu Begum, who were arrested in connection with Bijni P.S. Case No. 148/2025 under Section 80(2) of the BNS, 2023. 4. Case diary received and the dying declaration was also called for has been received today by the learned Addl. PP. 5. It is submitted by Mr. Hoque, learned counsel that these petitioners are innocent Page No.# 3/5 and they have not committed any such offence. The victim was staying happily with the petitioners after her marriage and a daughter is also born to her out of her wedlock. 6. He further submitted that when the petitioners came to know that she consumed insecticide, they immediately rushed to the house and took her to hospital and during the entire period of her treatment they were there at the hospital, but unfortunately she could not survive. 7. Later on, it has come to the knowledge of the petitioners that she gave a dying declaration wherein she stated that she had to take such a step only for the blame of having illicit relationship with her father-in-law. The allegation was brought by one lady who has also offered her to consume the poison and accordingly, for that blame only she had to take such a step. 8. The petitioners in BA No. 198/2026 are in custody since last 53 days and the petitioner in BA No. 365/2026 is in custody for last 38 days and therefore, considering the length of detention also their prayer for bail may be considered. The I.O. got sufficient opportunity to interrogate the petitioners, keeping them in custody and hence further custodial detention may not be required for the purpose of investigation of the case. 9. However, all the petitioners are ready and willing to extend their cooperation in the further investigation of the case, if they are granted with the privilege of bail. 10. Mr. Das, learned APP submitted in this regard that there are sufficient incriminating materials against all the petitioners who inflicted mental and physical torture on her and some of the witnesses also specifically stated that the petitioners demanded one motor cycle along with Rs.70,000/- from her father. He further submitted that the case is registered under Section 80 BNS and the statement made in the FIR also fulfill the ingredients of the said Section. The lady died within 7 years from the date of her marriage in suspicious condition and that apart there was clear Page No.# 4/5 demand of dowry by the present petitioners. 11. He further submitted that one dying declaration is received from the I.O. wherefrom it is seen that she made the dying declaration alleging that she had to commit suicide as she was blamed of having illicit relationship with her father in law. But from the note of the I.O. it is very surprising that at the time of recording her dying declaration there was no one from her family in the hospital and that apart, there is no seal and signature of the Doctor who recorded the dying declaration of the victim. Statements of none of the family members is also recorded at the time of recording the dying declaration of the victim and from the subsequent statement of the informant also reveals that they were not at all aware about the dying declaration made by the victim before her death. Accordingly, it is submitted by Mr. Das that there are suspicion regarding the genuineness of the dying declaration which is stated to be recorded by one doctor. Mr. Das, accordingly raised vehement objection and submitted that it is not at all a fit case to extend the privilege of bail to the petitioners at this stage. 12. Heard the submissions made by the learned counsel for both sides, I have perused the case diary. It is seen that some of the witnesses had brought the allegation of demand of dowry to the present petitioners and it is seen on earlier occasion also she tried to commit suicide for the tortures made on her. Thus, there are sufficient incriminating materials against the present petitioners in the case diary. However, it is a fact that there is a dying declaration annexed by the I.O. which is available in the case diary, wherein one doctor had recorded her dying declaration, but surprisingly the dying declaration was recorded without following any procedure and it is also seen that there is no seal and signature available in the dying declaration, though it is stated that one doctor had recorded the dying declaration. That apart, no family members of the victim were present at the time of recording the dying declaration and it is seen that before recording the dying declaration by the doctor no requisition was made by the I.O. for the same and further at the time of recording the Page No.# 5/5 dying declaration, no local police from the concerned police station was also available at the time of recording of dying declaration. Further it is seen that the victim/deceased had put her signature on the dying declaration when she was at death bed and the handwriting was also perfect. Thus, there are suspicion arises in regards to the genuineness of the dying declaration. 13. Considering all these aspects of the case, materials available in the case diary, I find that further custodial interrogation of the petitioners may be necessary to unearth some more facts and accordingly, I do not find it to be a fit case to extend the privilege of bail to the petitioners. 14. Accordingly, both the bail application stands rejected. 15. Return the case diary. JUDGE Comparing Assistant