Page No.# 1/3 GAHC010113362026 2026:GAU-AS:9099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1239/2026 SMTI SITHI DAS ALIAS SITHI RANI DAS AND ANR W/O LT BINOD DAS R/O LANKA PUNJABI BASTI PS AND PO LANKA DIST. HOJAI ASSAM 2: SANTANA DAS W/O BIMAN DAS R/O LANKA PUNJABI BASTI PS AND PO LANKA DIST HOJAI ASSA VERSUS STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. B HALDAR, MS S. BASAK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-06-2026 Heard learned counsel Mr. B. Haldar for the petitioners, namely, 1. Smti Sithi Das @ Sithi Rani Das and 2. Smti. Santana Das, who have filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 Page No.# 2/3 with prayer for pre-arrest bail as they are apprehending arrest in connection with Lanka Police Station Case No. 72/2026 under Sections 80/108 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Additional Public Prosecutor Mr. K. K. das for the respondent State. 3. Learned counsel for the petitioner has submitted that the prime accused has already been arrested. This is a case of suicide and not a case of homicide. It has been held by the Hon’ble Supreme Court in a catena of decisions that there has to be a live link between the alleged acts, which may result in the suicide. In this case, the FIR reveals that there is no live link. It is submitted that the petitioners cannot be roped in with the offence of suicide of the daughter-in-law/sister-in-law. 4. Per contra, learned Additional Public Prosecutor has raised objection, stating that the FSL report is not yet before this Court. It cannot be concluded that this is a case of suicide at this stage. Investigation is still under progress and there are incriminating materials against all the family members of the petitioners. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. The merits of the case are not brought to the fore as investigation is still under progress. I have considered the submission that the petitioner No. 2 Smti. Santana Das is a mother of two minors. 6. It appears that anticipatory bail may be granted to the petitioner No. 2. Thereby, it is directed that in the event of her arrest, the petitioner No. 2., Smti. Page No.# 3/3 Santana Das, shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the condition that :- the petitioner No. 2 shall appear before the Investigating Officer within one week and cooperate with the investigation. 7. The prayer for anticipatory bail for the petitioner No. 1 is rejected at this stage of investigation. 8. In terms of the above observation, this Anticipatory Bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant