AB 3770/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. J. Payeng, learned counsel appearing for the petitioners and Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State of Assam. This is an application under Section 438 CrPC, seeking pre-arrest bail o n behalf of the petitioners namely (1) Sahaton Nessa and (2) Shah Jamal Mia @ Sh ah Jamal in connection with Taragbari P.S. Case No.110/2011 under Section 304(B) /34 IPC. FIR filed by Afilur Rahman alleged physical and mental torture coupled w ith demand of dowry from her daughter. It has been further alleged that the accu sed persons conspired and killed the victim. Learned counsel for the petitioner submitted that n the meantime, the In vestigating Officer has already arrested the remaining co-accused and they also have been released on bail. Learned counsel for the petitioners has submitted that the victim in fac t committed suicide and there was no allegation against the petitioners in conne ction with this case except naming them in the FIR. On perusal of the case diary, I am of the considered view that there is no sufficient incriminating material against the petitioners warranting their cu stodial interrogation in connection with this case, Therefore, considering the p rogress of the investigation, I am of the considered view that the petitioners c an be extended the privilege of pre-arrest bail in connection with this case. Accordingly, it is directed that in the event of arrest of the petitione rs above named, they shall be released on bail of Rs.20,000/- each with one sure ty each of the like amount to the satisfaction of the arresting authority on the condition that they shall co-operate with the I.O. and shall appear before the I.O. as and when directed to do so. The bail application stands disposed of.