Page No.# 1/3 GAHC010052732026 2026:GAU-AS:6137 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/555/2026 RUBUL ALAM AND 2 ORS. S/O. LATE ABDUS SALAM 2: MANJUARA KHATUN W/O LATE ABDUS SALAM 3: MANJIRUL HAQUE S/O. LATE ABDUS SALAM ALL ARE RESIDENT OF VILLAGE- HAJIPARA P.O. HAJIPARA P.S.- HOWLY DIST- BARPETA ASSAM. PIN 781316 PH. NO. 8638743769 863878653 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R K NATH, MR. L KHAN,MR. S D ROY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 06-05-2026 Heard Mr. R. K. Nath, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Rubul Alam; (ii) Manjuara Khatun and (iii) Manjirul Haque who are apprehending arrest in connection with Howly P.S. Case No. 17/2026 (corresponding to G.R. Case No.140/2026) registered under Sections 85/64/62/115(2)/3(5) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted Mr. Nath, learned counsel that false and concocted allegations are being brought against the petitioners by the victim after leaving her matrimonial house by her. He further submitted that the allegation of demand of dowry etc., also mentioned for the year 2020 and there is no other allegation of demand of dowry in her petition. 5. He further submitted that the victim is staying separately since the year 2022 after leaving her matrimonial house and with some false allegation, the complaint has been instituted against the petitioners. However, after obtaining the order of interim pre-arrest bail, the petitioners already appeared before the I.O. and their statements are also recorded and they have extended their cooperation. 6. Mr. Borthakur, learned APP submitted in this regard that the victim in her statement recorded under Section 180 BNSS has brought sufficient incriminating materials against the petitioners and it is alleged that on 04.05.2025 all the petitioners have assaulted her badly and through her out of the house. He further submitted that Page No.# 3/3 the case is still under investigation and except statement of 1/2 independent witnesses, statements of other witnesses are not yet recorded by the I.O. 7. Mr. Borthakur, learned APP further submitted that the informant was notified to appear before the police station to record her statement under Section 183 BNSS, but till date she has not appeared before the I.O. for recording her statement. He further submitted that all the accused petitioners appeared before the I.O. and cooperated in the investigation of the case. 8. Considering the submissions made by the learned counsel for the parties and also considering the materials available in the case diary and other aspects of the case, this Court is of the opinion that custodial interrogation of the petitioners may not be necessary 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. 9. In view of this, the interim bail granted to the present petitioners vide order dated 16.03.2026 is hereby made absolute on the same terms and conditions. 10. With the above observation and direction, this pre-arrest bail application stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant