AB 1058/2011 BEFORE HON’BLE MR JUSTICE T VAIPHEI Heard Mr S Das, the learned counsel for the petitioner and Ms B Saikia, the lear ned Addl. PP. This is an application under Section 438 CrPC for granting pre-arrest b ail to the petitioner, namely, Sri Amal Kalita, who apprehends that he will be a rrested by the police in connection with Barpeta PS Case No. 262/2011 (GR Case N o. 123/2011) under Sections 498(A)/34 IPC. At the outset, the learned counsel for the petitioner contends that ther e was no evidence of any marriage between the petitioner and the informant and a s such the question of committing by the petitioner of the offence punishable un der Section 438 CrPC does not arise. On the other hand, the learned Addl. PP dr awing my attention to Annexure B executed by the petitioner and the informant su bmits that this deed demonstrates a valid marriage then so as to attract the off ence punishable under Section 489 A IPC. In my opinion, there is no evidence at this stage to substantiate the al legations that the petitioner is validly married to the informant. In the resul t, in the event of arrest, the petitioner shall be released on bail on executing a PR bond of Rs. 20,000/- with one surety of the like amount to the satisfactio n of the Arresting Authority. Nothing stated in the foregoing shall be consider ed as final observations on the charge against the petitioner as the same will b e decided by the trial court on merit after the trial is over.