AB 3220/2011 BEFORE THE HON’BLE MR JUSTICE. P K MUSAHARY Heard Mr.B K Mahajan, learned counsel for the accused/petitioner. Also heard Mr . B B Gogoi, learned Addl.Public Prosecutor, Assam who has produced the case dia ry in connection with Kokrajhar P.S.Case No.313 of 2011 u/s 302 IPC. I have perused the case diary. This Anticipatory Bail Application has been filed by the accused petitioner appr ehending arrest in connection with the aforesaid case. The FIR was lodged on 18. 8.2011 by Smti Rashmita Brahma stating inter alia that her husband Subhrajit Bra hma was assaulted by her in laws on 13.8.2011 by confining him inside the room a nd thereafter she found her husband being tied by his neck on the ceiling Fan w ho was taken to Kokrajhar Civil Hospital where he was declared dead. The I.O. ha s already examined several local witnesses including the brothers, sister and mo ther of the deceased and arrested Sri Abhijit Brahma, one of the brothers of th e deceased, on the basis of his statement made u/s 161 Cr.P.C. The other brother s of the deceased have not been arrested so far. Statements of the family member s including the present petitioner have been recorded. From the case diary it ap pears that the present accused petitioner is living with her husband and child ren in Guwahati and she came to Kokrajhar and stayed in her parent’s house to at tend the Rakhi Purnima and Birth Day of her brother’s son.The deceased, as per statement of the witnesses, returned home in the late evening after fully drunk and he created nuisance in the house. The accused Abhijit Brahma who has alread y been arrested made some incriminating statements regarding death of the inform ant’s husband. However, he stated that the deceased committed suicide. I find no material against the accused petitioner except her presence at the tim e of alleged altercation between the deceased and other family members. In view of the above, I am of the considered view that the privilege of pre-arr est bail can be granted to the accused petitioner. Moreover, the accused petitio ner being a house wife and living with her husband and children, there is no cha nce of her absconding or jumping the bail if the same is granted to her. Accord ingly, it is directed that the accused petitioner, Smti Bithika Dey (Brahma) in the event of her arrest in connection with Kokrajhar P.S.Case No.313 of 2011 u/s 302 IPC, she shall be enlarged on bail of Rs.30,000/- with one local surety of the like amount to the satisfaction of the arresting authority on conditions lai d down u/s 438(2) Cr.P.C. The accused petitioner is directed to appear before the concerned I.O. as and wh en required for the interest of investigation. With the aforesaid directions, this Anticipatory Bail Application stands allowed .