AB 423/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA This is an application u/s 438 CrPC filed by the petitioners for pre-arr est bail in the event of their arrest in connection with Patacharkuchi PS Case N o. 280/10 u/s 498(A) IPC. Heard Mr. BC Das, learned Sr.Counsel for the petitioners and Mr. BB Gogo i, learned Addl. PP for the State. Mr. BB Gogoi, learned Addl. PP for the S tate procuring the case diary highlighted the materials so far collected during the course of investigation. The allegation against the petitioner No.1 in the FIR made by the infor mant /wife interalia is that the petitioner demanded Rs.1,50,000/- as dowry from the informant and in the month of March, 2010 by demanding the money the assaul ted the informant and broken her leg. It is also alleged that the petitioner had married for the second time. The statement of various witnesses recorded u/s 161 CrPC corroborates th e allegation levelled in the FIR against the petitioner No.1. Upon consideration of the materials so far collected by the I/O during t he course of investigation, it is provided that in the event of arrest of the p etitioner No.2) Bana Das@ Danamali Das in connection with the aforesaid case, he shall be released on bail of Rs.10,000/- with one local surety of the like amou nt to the satisfaction of the arresting authority subject to conditions that he shall appear before the I/O within a period of 10 days from today for recording his statement and for interrogation of the case, if not already done and further he shall surrender before the learned trial court within a period of 30 days fr om today and apply for regular bail. In the event of filing such application, t he learned CJM shall pass appropriate order that may be justified under the law and facts. So far the prayer for bail as regard the petitioner No.1 is concerned, in view o f the incriminating materials so far collected by the I/O, the prayer for bail o f the petitioner No.1 stands rejected. However, it is open for the petitioner to surrender before the learned trial cou rt and apply for regular bail. The bail application stands closed.