Gauhati High Court
AB/1809/2026 of ISMAIL HUSSAIN AND 4 ORS. Vs THE STATE OF ASSAM on 23 August 2026
GAHC010161702026 2026:GAU-AS:12119 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1809/2026 ISMAIL HUSSAIN AND 4 ORS. SON OF LATE ROHUL AMIN 2: RAFIKUL ALI SON OF SON OF ISMAIL HUSSAIN 3: RABIAL ALI @ RABIULHUSSAIN SON OF SON OF ISMAIL HUSSAIN
GAHC010161702026
2026:GAU-AS:12119
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1809/2026
ISMAIL HUSSAIN AND 4 ORS.
SON OF LATE ROHUL AMIN
2: RAFIKUL ALI
SON OF SON OF ISMAIL HUSSAIN
3: RABIAL ALI @ RABIULHUSSAIN
SON OF SON OF ISMAIL HUSSAIN
4: ABDULLAH ANSARY @ ABDULLAH ANSARI
SON OF ISMAIL HUSSAIN
5: ABDULLAH ANSARY ALIAS ABDULLAH ANASRI
SON OF ISMAIL HUSSAIN
6: SWAHANAJ ALIAS MOUSUMI SAHANAS
D/O ISMAIL HUSSAIN
ALL ARE RESIDENT OF VILLAGE SHILA
PS BARPETA
DIST BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP ASSAM
Advocate for the Petitioner : MR. A ALI, S AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 24-08-2026 Heard Mr. N. J. Dutta, learned counsel for the petitioners and Mr. Bankim Sarma, learned Additional PP for the State.
2. Invoking section 482 BNSS, the petitioners herein 5 (five) in numbers are seeking anticipatory bail in connection with Barpeta PS Case No. 231/2026 under section 80(2) BNS.
3. The FIR dated 29.06.2026 was lodged by the father of the deceased woman naming 5 (five) accused persons therein, including the husband and the present petitioners. The allegations is that the deceased woman was married to the accused No. 1 and subsequently, the accused persons named in the FIR started demanding several lakhs of rupees for dowry and inflicted physical and mental torture upon her. Eventually, due to the inability to meet the said demand, the victim woman is stated to have been killed by the accused persons by hanging her.
4. The petitioner No. 1 is stated to be the father-in-law and the petitioner Nos. 2, 3 and 4 are stated to be her brothers-in-law and the petitioner No. 5 is stated to be the sister-in-law of the deceased. It is submitted that the petitioner Nos. 4 and 5 are students studying in Gauhati University and Gauhati Medical College respectively.
5. The case diary as called for has been received.
6. The post mortem report does not indicate any external injuries or wounds but, the opinion regarding death is about antemortem suicidal hanging. From the statements of the witnesses implications are revealed against the accused persons.
7. Nevertheless, considering the fact that the petitioner Nos. 4 and 5 are pursuing their studies in the aforementioned institutions, it is directed that in the event of their arrest in connection with the aforementioned case, they shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with one surety of like amount each to the satisfaction of the arresting authority and subject to the further conditions that:-
(i) they shall cooperate with the remaining investigation;
(ii) they shall appear before the IO for examination;
(iii) they shall not hamper or tamper with the evidence;
(iv) they shall not cause any harm upon the informant or the family members.
8. Violation of any of the bail conditions would entail cancellation of the bail.
9. With regard to the petitioner Nos. 1, 2 and 3, the prayer for anticipatory bail stands rejected at this stage.
10. Return the case diary.
JUDGE Comparing Assistant