AB 3057/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. Ahmed, learned counsel for the petitioners as well as Mr. B.S. Sinha, learned Public Prosecutor, Assam. The petitioners, namely, Md. Abdul Haque and Md. Haru Ali @ Samir Ali, a re seeking the privilege of pre-arrest bail under Section 438 Cr.P.C. apprehendi ng arrest in connection with Fatasil Ambari P.S. Case No.317/2011 registered und er Section 304(B) IPC. The aforesaid P.S. case has been registered on the basis of the first in formation report lodged on 19.08.2011. I have perused the case diary produced by the learned Public Prosecutor, Assam. Having perused the same and upon consideration of the allegation made an d the materials available in the case diary, I am of the view that it is not a f it case where the privilege of pre-arrest bail is to be granted to the petitione rs, as it will hamper the investigation. That being the position, the prayer for pre-arrest bail stands rejected. The bail application is accordingly dismissed.