AB 899/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Mr. B Choudhury, learned counsel for the petitioners. Also heard Mr. BS Si nha, learned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioner namely, Samsul Sheikh @ Samsul Haque, Shahajahan Sheikh and Mustt. Sumant a Bhan Bewa seeking pre-arrest bail apprehending their arrest in connection with Gossaigaon Police Station Case No. 59 of 2011 under sections 120(B)/325/307/506 /34 of the Indian Penal Code. Case diary has not been produced despite requisiti on. The informant is that wife of the petitioner No.1 and she has asserted that her husband at the instigation of his brother and mother have assaulted the informan t. The petitioner’s case is that the informant is maintaining illicit relation with another person and when it was protested, a false case has been concocted. Admittedly, there is no statement that the petitioner has been hospitalised nor is there any allegation of assault with a sharp weapon. Considering all the aspe cts and more particularly, the submission of the learned counsel, the interim ba il granted on 01.04.2011 to petitioner Nos. 2 and 3, Shahajahan Sheikh and Ms. S umanta Bhan Bewa is hereby made absolute. The petitioner No. 1, Samsul Sheikh @ Samsul Haque is also granted anticipatory bail on the same terms and conditions. All the three persons are directed to appear before the I.O. within a week from today and they shall co-operate in the investigation of the case. This anticipatory bail application stands disposed of.