AB 1811/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. D. Choudhury, learned counsel for the petitioner as well as Mr. K. Mun ir, learned P.P. appearing for the State of Assam. This bail application under Section 438 CrPC is filed by the petitioners namely (1) Sri Shyam Kr. Chetry and (2) Sri Hari Bahdur Chetry apprehending the ir arrest in connection with Borbori P.S. Case No.21/2011 under Section 498(A) I PC. The aforesaid case was registered on the basis of information lodged in writing by the father of Ms. Binita Devi, W/O Sri Shyam Kr. Chetry, petitioner N o.1. In the first information report, a serious allegation is made against the h usband, Sri Shyam Chetry that he assaulted said Binita Devi and harassed both me ntaly and physically on various occasions. There is however, no allegation as ag ainst the petitioner No.2, Sri Hari Bahdur Chetry, aged about 72 years. This Cou rt on filing of this application by order dated 24.6.2011 granted interim bail t o both the petitioners. In view of the allegation brought in the first information report by the father of the said B. Devi, the materials available in the case diary is meticu lously perused which however, do not justify the grant of pre-arrest bail to th e husband of the said B. Devi. Since there is no specific material available as against the petitioner, 2, this Court finds no impediment to provide pre-arrest bail to the petitioner No.2. uder the circumstances, interim order provided vide order dated 24.6.201 1 is made absolute as against the petitioner No.2, Sri Hari Bahdur Chetry. How ever, the prayer for pre-arrest bail to the Petitioner No.1, Sri Shyam Kr. C hetry stands rejected. He is directed to surrender before the learned CJM, Baksa to obtain bail. This application is p artly allowed and disposed of.