Gauhati High Court
Shiba Kalita vs The State Of Assam on 19 September, 2025
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GAHC010213162025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3075/2025
SHIBA KALITA
SON OF LATE PRADIP KALITA RESIDENT OF HOUSE NO. 14, BYE LANE 12,
JOYMOTINAGAR, P.S. JALUKBARI, DISTRICT - KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE PP,ASSAM
Advocate for the Petitioner : MR N J DAS,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
19.09.2025
Heard Mr. N J Das, learned counsel for the petitioner. Also heard Mr. B
Sharma, learned Addl. Public Prosecutor.
2. This is an application under Section 483 of the BNSS, 2023 for granting of
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bail to the accused petitioner namely, Shiba Kalita, who was arrested on
23.08.2025, in connection with Paltanbazar PS Case No. 243/2025 under Section
85/108 of BNS, 2023.
3. This case was fixed for CD, However CD is not available today.
4. The allegations against the petitioner is that on 22.08.2025, one Balin Ch.
Saikia, lodged an FIR with the officer-in-charge of Paltan Bazar Police Station
alleging inter alia that his daughter married accused No. 1 under Special
Marriage Act and since thereafter all the accused persons started physical and
mental torture demanding dowry upon his daughter and at times asked her that
she should die for non- bringing dowry and on 20.08.2025 his deceased
daughter sent SMS to her sister alleging torture upon her and on 21.08.2025 at
about 5 PM accused No. 1 informed that his daughter had committed suicide.
5. The Bail Application stands disposed off.
6. It is submitted on behalf of the petitioner that the marriage was
solemnized between the deceased and the accused on 18.11.2024 under the
Special Marriage Act. Subsequently, the petitioner accused discovered that
previous marriage of the deceased was subsisting and in this respect, judgment
passed by the District & Sessions Judge, Majuli in T.S (M) No. 179/2019 has
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been submitted whereby, the petition for a decree of divorce was dismissed.
The deceased was the respondent in the said case. It is further submitted that it
is on account of such fraud practiced by the deceased that differences arose
between the husband and wife and ultimately, out of remorse the deceased
committed suicide on 21.08.2025.
7. The law with regard to abetment suicide is fairly well settled and one of
the requirements is that there must be some proximate cause as well as mens
rea on the part of the petitioner to drive the deceased to commit suicide,
leaving her with no other alternative. Such ingredients, prima facie appeared to
be missing in the instant case.
7. Considering the above, the prayer for bail is allowed.
8. The accused abovenamed shall be released on bail of Rs. 20,000/-
(Rupees Two Thousand) only with two sureties of the like amount in connection
with the aforesaid case to the satisfaction of learned CJM, Kamrup (M),
Guwahati, Assam, with the following conditions:-
(i) That the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person who may be
acquainted with the facts of the case so as to dissuade such
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person from disclosing such facts of the case before the
Investigating Officer.
(ii) That the petitioners shall not commit any offence while on
bail.
9. The Bail Application stands disposed off.
JUDGE
Comparing Assistant
