Prasanna Saloi and 2 Ors. Vs the State of Assam

This petition under Section 482 BNSS, 2023 is filed for granting the privilege of pre-arrest bail to the petitioners, namely, (1) Prasanna Saloi (2) Nayan Saloi and (3) Manomati Saloi apprehending arrest in connection with Kamalpur P.S. Case No. 17/2026 under Section 103(1)/3(5) of the BNSS, 2023.

The FSL report as called for has not been received today, despite earlier orders.

The allegations as reflected in the FIR is that on 28.02.2026 informant Paban Saloi lodged a FIR before O/C, Kamalpur PS alleging inter alia that on 26.02.2026 informant and his son Mrinmoy Saloi were not present at home. His daughter Parismita Saloi (age-12 years) was alone at home. On 27.02.2026 evening at about 6 PM while the informant come to his home and observed that his daughter Parishmita Saloi has committed suicide by hanging in his house by her ‘surni’. The accused persons assaulted the informant since long days and damaged his house and threatened to kill them. From these activities it is doubted that the accused persons killed the informant’s daughter and hung her with her surni in his house and tried to shape it as suicide.

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The petitioners are relatives and neighbors of the victim’s family. Upon perusal of the postmortem report, it appears that a non-continuous ligature mark was present high up on the neck above the level of the thyroid cartilage, which indicates suicidal death.

On perusal of the statement of the informant available in the case diary, it appears that there was a prior quarrel between the families. However, there is no material, which can primafacie be regarded as constituting abetment to suicide, and there is no such specific allegations against the present petitioners, vis-a-vis, the victim in the case. The FIR appears to have been lodged on suspicion only.

Having regard to the above, the custodial interrogation of the petitioner may not be warranted. Accordingly, the prayer for pre-arrest bail is allowed.

Accordingly, in the event of their arrest, the petitioners named above, shall be released on pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 50,000/- with two sureties of like amount each to the satisfaction of the arresting authority, subject to the following conditions:-