AB 289/2010 BEFORE THE HON’BLE MR JUSTICE K.MERUNO Heard Mr. M.H.Ahmed, learned Counsel appearing for the petitioner and also Mr. B .S. Sinha, learned Addl.P.P, appearing for the State. By this application U/S 438 Cr.P.C, the petitioner Rofik Bhuyan has pray ed for granting pre-arrest bail in connection with Kalgachia P.S. Case No. 122 of 2010 ( G.R. Case No.2062/2010) under Section 498 (A)/34 IPC. The allegation of the informant/ complainant who was the wife of the pe titioner alleging of torture both physical and mental demanding dowry of Rs. 50, 000/- and various other allegations. The petitioner states that on 20.9.2010 he had already divorced his said wife/ complainant by talak. Because of the divorce ( talak ) given to the informant, it is by way of harassment, the complainant h as filed the FIR alleging all false allegations against the petitioner. The peti tioner and the complainant are no more husband and wife w.e.f. 20.9.2010. The learned Addl. P.P,Assam has also produced the Case Diary. I have per used the same. From the Case Diary, it reveals that both the petitioner and the complainant used to often quarrel but not to the extent of any physical action as also reveals from the statement of the witnesses. No physical torture were r eported except the petitioner and the complainant through abuse words against ea ch other. From the whole episode as revealed from the submission of the learned counsel for the parties as well as the Case Diary, it is a pure case of usual do mestic quarrel between the husband and wife which does not extend beyond that no such physical torture or physical assault has been revealed. The dispute betwee n the parties can be resolved in a civil Court as well as Family Court but not t hrough filing criminal case against the petitioner. Considering the whole matters and total prospective, I am of the consid ered opinion that this bail application can be disposed of instead of keeping it pending. This bail application is allowed and the petitioner, in the event of arr est by the I.O, he shall be released on bail on his furnishing a Bail Bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the arre sting authority in connection with Kalgachia P.S. Case No. 122 of 2010 ( G.R. Case No.2062/2010) under Section 498 (A)/34 IPC. The petitioner shall also make himself available to the Investigating Officer as and when required. With the aforesaid observations and directions, this bail petition stand s disposed of.