Gauhati High Court
AB/2420/2026 of SMTI MINA DEVI AND ANR Vs THE STATE OF ASSAM on 7 October 2026
GAHC010201092026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2420/2026 SMTI MINA DEVI AND ANR W/O-LATE MONESWAR CHOUHAN, 2: SMTI CHMAPA CHOUHAN W/O-SRI MANIK CHOUHAN BOTH ARE R/O-VILLAGE-KHANGKHLABARI P.O. P.S.-UDALGURI
GAHC010201092026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2420/2026
SMTI MINA DEVI AND ANR
W/O-LATE MONESWAR CHOUHAN,
2: SMTI CHMAPA CHOUHAN
W/O-SRI MANIK CHOUHAN
BOTH ARE R/O-VILLAGE-KHANGKHLABARI
P.O. P.S.-UDALGURI
DISTRICT-UDALGURI
BTR
ASSAM
PIN-784509
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. S CHAUHAN, B CHOWHAN,MR. P MAZUMDER
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 08.10.2026
Heard Mr. S. Chauhan, learned Counsel for the petitioners and Mr. DP Goswami, learned Additional Public Prosecutor for the State.
2. By this application, the petitioners have prayed for pre arrest bail in connection with Khairabari P.S. Case No. 07/2026 registered under Section 108 of BNS, 2023. The FIR in connection with which the petitioners are apprehending arrests was lodged by the father of the deceased stating inter alia that his son was married to the petitioner no. 1, who went to her parent's house and that when she did not return, his son went to his in laws house and returned after 10 days and on his return, he was apprised by his son that the family members of his wife did not allow their daughter to return to her matrimonial house. The informant further stated that his son out of frustration committed suicide.
3. The learned Counsel for the petitioners submits that the petitioners are the wife and mother in law of the deceased and that there are no ingredients of abatement in the said FIR. He further submits that father in law and brother in law of the deceased were already released on bail.
4. Mr. DP Goswami, learned Additional Public Prosecutor for the State on perusal of the Case Diary submits that materials are there in the form of statement of the complainant, who had stated that the victim was tortured by his in laws and that a suicide note is also there wherein it was stated that he was mentally tortured by the members of his in laws house.
5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that to establish a charge of abatement, there has to be specific legal requirements beyond suspicion, this Court deems it fit to enlarge the petitioners on pre arrest bail on furnishing of bail bond of Rs. 20,000/- each with one local surety each of the like amount to the satisfaction of Arresting Authority under the following conditions:
i) the petitioners will appear before the Investigating Officer within 15 days from the date of the order.
ii) the petitioners will appear before the Investigating Officer thereafter as and when called for.
iii) the petitioners will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.
iii) the petitioners will not leave the place of jurisdiction without the permission of the Arresting Authority.
6. Petition is disposed of.
JUDGE Comparing Assistant