Gauhati High Court
AB/2286/2026 of ROZ MIAH AND 2 ORS. Vs STATE OF ASSAM on 24 September 2026
GAHC010204922026 2026:GAU-AS:14349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2286/2026 ROZ MIAH AND 2 ORS. S/O ABDUL HASHEM, R/O VILL- DORUA KAWAHAGI, P.S.- MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM 2: HASENA KHATUN W/O ROZ MIAH R/O
GAHC010204922026
2026:GAU-AS:14349
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2286/2026
ROZ MIAH AND 2 ORS.
S/O ABDUL HASHEM, R/O VILL- DORUA KAWAHAGI, P.S.- MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM
2: HASENA KHATUN
W/O ROZ MIAH
R/O VILL- DORUA KAWAHAGI
P.S.- MANKACHAR
DIST- SOUTH SALMARA MANKACHAR
ASSAM
3: ENARUL ISLAM
S/O ABDUL MOMIN
R/O VILL- DORUA KAWAHAGI
P.S.- MANKACHAR
DIST- SOUTH SALMARA MANKACHAR
ASSA
VERSUS
STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR A W AMAN, MS. PUOTOUVII,A MISHRA,MR. SURAJIT
DAS,MR SARFRAZ NAWAZ
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 25.09.2026
Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State.
2. By this petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, (i) Roz Miah (ii) Hasena Khatun (iii) Enarul Islam, have prayed for granting pre-arrest bail, apprehending arrest in connection with Mankachar P.S. Case No. 172/2026 u/s 103(1)/3(5) of BNS, 2023.
3. The FIR was lodged on 24.08.2026 by the brother of the deceased with the allegation that she was married 16 years back to one Abdul Momin (A1) and she was subjected to assault and torture in her conjugal life by the accused persons. Subsequently, on 23.08.2026, in the afternoon, he came to know from his brother-in-law that she had died, whereupon, he went to the district hospital and found her dead but there were no other persons and upon reporting the matter, the dead body was sent for post-mortem examination.
4. It is submitted by the learned counsel for the petitioners that the petitioner nos. 1 and 2 are the sister and brother-in-law of the husband of the deceased and they have separate establishment/premises. It is also submitted that the petition no. 3 is the step son of the deceased and he is presently aged around 23 years.
5. Case diary has been received.
6. The learned Additional Public Prosecutor fairly submits that materials collected during investigation including the statement of witnesses which includes some neighbours as well, the primary allegation and incriminating materials are directed at Abdul Momin, the husband of the deceased about his committing assault and other cruelty upon the victim/deceased. It is submitted that the post mortem report also reveals injuries. However, he submits that investigation is still going on.
7. In the facts and circumstances, it is directed that in the event of arrest of the accused-petitioners, they shall be released on bail in connection with Mankachar P.S. Case No. 172/2026 u/s 103(1)/3(5) of BNS, 2023, on furnishing bail bond of Rs.25,000/- each with one suitable surety each of the like amount, to the satisfaction of the arresting authority and subject to the following conditions:
(i) they shall cooperate with the investigation;
(ii) they shall not hamper or tamper with evidence; and
(iii) they shall not in any manner threaten or harass or harm upon the informant or his family members.
8. Violation or breach of condition(s) shall entail cancellation of the bail.
9. The anticipatory bail application stands allowed and disposed of.
10. Send back the case diary.
JUDGE Comparing Assistant