Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:8068
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/833/2026 MIJANUR RAHMAN AND 4 ORS S/O ABDUR KADER 2: AKTAR HUSSAIN S/O ABDUL KADER 3: AMINUR RAHMAN S/O ABDUL KADER 4: ABDUL KADER S/O LATE DARBESH ALI 5: ANOWARA BEGUM W/O ABDUL KADER ALL ARE RESIDENT OF VILL AND P.O. KHARDHARA PATHAR P.S. AND DIST. BARPETA ASSAM PIN- 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A R SIKDAR, MR F HAQUE Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 09-06-2026
Heard Mr. A.R. Sikdar, the learned counsel appearing for the accused- applicants. Also heard B. Sarma, the learned Additional Public Prosecutor for the State.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicants under an unregistered Barpeta Police Station Case.
3. Mr. A.R. Sikdar, the learned counsel appearing for the accused-applicants submits that there was a dispute between the accused-applicant No. 1 and his wife and accordingly, one maintenance case is also instituted by the wife of the accused-applicant No. 1 and he is willing to pay the maintenance to his wife and his children. Inspite of that, his wife along with some other persons armed with deadly weapons, entered in his house and also vandalized the house of the accused-applicants. Thereafter, an FIR was lodged in the same Police Station by the accused-applicants, but the same has not been registered as yet. It is submitted that the police is harassing the accused-applicants, for which the instant case has been filed by the accused-applicants.
4. Case Diary has been produced before this Court, which reveals that a case i.e. Barpeta Police Station Case No. 137/2026 under Sections 109(1)/126(2)/ 76/11(2)/351(2)/3(5) of the BNS, 2023 has been registered against the accused-applicants.
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5. After perusal of the Case Diary, it appears that sufficient prima facie materials against the accused-applicants are available and therefore, this Court is not inclined to grant any relief to the accused-applicants at this stage.
6. Accordingly, the instant Anticipatory Bail Application is dismissed.
JUDGE Comparing Assistant