Rofikul Islam and 2 Ors. Vs the State of Assam

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GAHC010153582025

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2025:GAU-AS:11947

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1661/2025

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ROFIKUL ISLAM AND 2 ORS S/O MOINUL H OQUE R/O GASPARA P.S. DHUBRI DIST. DHUBRI, ASSAM 2: GULENUR BEWA W/O MOINUL HOQUE R/O GASPARA P.S. DHUBRI DIST. DHUBRI ASSAM

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3: KULSUMA KHATUN @ KULSUMA BIBI W/O SIDDIQUE ALI R/O GASPARA P.S. DHUBRI DIST. DHUBRI ASSAM VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR S M ABDULLAH P, MR D SAIKIA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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03.09.2025

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Heard Mr. S. M. Abdullah, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. P.P., Assam for the State.

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By this application filed under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Rofikul Islam, 2) Gulenur Bewa and 3) Kulsuma Khatun @ Kulsuma Bibi have prayed for pre-arrest bail in connection with Dhubri Police Station Case No.257/2025 registered under Sections 61(2) (a)/329(4)/103(1)/351(3) of the BNS, 2023.

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The F.I.R. dated 30.05.2025 lodged by the mother of the victim reveals that the petitioner No.1 and the victim were in love relationship for around two years and that the petitioner Nos.2 and 3 used to rebuke the victim with filthy language and further the petitioner No.1 gave a mobile phone to the victim through which they used to talk with each other. It was also stated that on 27.05.2025 at about 7:00 p.m. the petitioner No.1 came to the house of the victim and killed her by hanging and they fled from the place of occurrence.

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Mr. S. M. Abdullah, learned counsel for the petitioners submits that the fact narrated by the informant is a concocted one and the real fact is that the informant’s family were forcing the deceased to marry some other boy and in pursuant to the same the victim committed suicide.

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Mr. B. Sarma, learned Addl. P.P., on perusal of the Case Diary, submits that

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the witnesses have stated that the petitioners had rebuked and had threatened the victim on a number of occasions and in pursuant to the same the victim committed suicide. He submits that the post mortem report shows that the opinion for the cause of death was kept pending till FSL report was received and that the FLS report was received which shows the presence of organo phosphorous insecticide but after the said FSL report no final report was submitted by the doctor as far as the cause of death is concerned.

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On consideration of the submissions made at the Bar, it is seen that none of the witnesses had stated that they had seen the accused person i.e. the petitioner No.1 going inside the house of the victim on the day of occurrence and that all of them had stated that the petitioner after giving a mobile phone to the victim had threatened her and as a result of which the victim committed suicide. Apart from that, the witnesses have not stated anything else. The postmortem report as well as the FSL report suggests that the death was suicidal death.

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In view of the discussions made above, this Court deems it fit that the petitioners may be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- each with two local sureties each of the like amount to satisfaction of the arresting authority under the following conditions :-

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