AB 72/2011 BEFORE THE HON’BLE MR JUSTICE H. BARUAH Heard Mr. U.Bhuyan, learned Sr. Counsel assisted by Mr. C.Deka,learned C ounsel for the petitioners and Mr. K.Munir, learned Addl. P.P representing the State respondents. Pattcharkuchi P.S. Case No. 312/2010 U/S 304(B) IPC which is registered on the basis of the written information of one Dasarath Kalita, father of Tulika Kalita ( since deceased ) where it has been alleged that the accused persons n amely Shri Sailen Kalita, husband of the deceased, Smt.Linkumoni Kalita and Shr i Saibya Kalita subjected the deceased on various attrocities on her failure to satisfy their demand of dowry. On account of such atrocities, it is alleged th at the said Tulika Kalita, wife of the accused Sailen Kalita, died.The petition er No. 1 is the father in-law of the deceased while the petitioner No. 2 is the sister in-law, who is an ANM. It is submitted by Mr. Bhuya,learned Sr. Counsel for the petitioners tha t the petitioner No. 1 is about 70 years old and is living separately. The petit ioner No. 2 Smt. Saibya Kalita is also not living with the husband of the dece ased .So, in view of the facts , Mr. Bhuyan, learned Sr. Counsel submits that th e attrocities meted to her on account of dowry demand are all false and fabric ated. He, therefore, prays this Court to provide interim bail under Section 438 Cr.P.C. to both the petitioners. In view of the submissions made by the learned Counsel for the petition ers ,the materials available in the Case diary are carefully perused. The postmo rtem report available in the Case Diary is also considered carefully wherefrom i t appears that the deceased Tulika Kalita died and her death was natural.Nothi ng otherwise has been indicated in the postmortem report in respect of the decea sed. Taking note of the postmortem report and the submissions advanced by the learned Counsel for the parties, it would be appropriate and reasonable to pass an order for pre-arrest bail in favour of the petitioners under Section 438 Cr .P.C. Accordingly, it is provided that the petitioners namely 1.Shri Madan Cha ndra Kalita, and 2. Smti. Saibya Kalita,in the event of their arrest shall be r eleased on bail on furnishing a Bail Bond of Rs.15,000/- each with one surety ea ch of the like amount to the satisfaction of the arresting authority on the cond itions that the petitioners shall co-operate with the investigation and they shall not indu lge any other activities which is prejudicial to the investigation. This bail petition stands disposed of.