AB 137/2010 BEFORE HON’BLE MR. JUSTICE H.N. SARMA This is an application u/s 438 CrPC filed by the petitioner for pre-arrest bail in the event of arrest in connection with North Lakhimpur PS Case No. 612/10 u/s 498(A) IPC. Heard Mr. AJ Das, learned counsel for the petitioner and Mr. BB Gogoi, learned A ddl. PP for the State. Learned PP procuring the case diary highlighted the materials available so far c ollected by the I/O during the course of investigation. Mr. Das submits that the petitioner has not done anything to the extent as indic ated in the FIR and in fact on the face of their having growing up two children, the petitioner is willing to bring back her wife to the matrimonial house by gi ving her due status as marital wife. Mr. Das also stoutly denied the allegation regarding demand of money by the petitioner from his wife. Upon hearing learned counsel for the parties and the facts in its entirety inclu ding the reality that there are grown up children of aged about 3 years and 7 ye ars respectively of the couple and also considering the submissions made by Mr. Das, learned counsel for the petitioner, the interim order dated 1/12/2010 of th is Court is hereby made absolute subject the following conditions- i) the petitioner shall appear before the I/O within a period of 10 days fr om today for the purpose of interrogation/investigation of the case; and ii) the petitioner shall bring back her wife to the matrimonial house by giv ing her due status of marital wife; The petitioner shall surrender before the learned CJM, North Lakhimpur within a period of 45 days from today and apply for regular bail. Upon such surrender, t he petitioner shall apprise the Court about the compliance of the aforementioned two conditions and in the event of filing application, the learned CJM, taking note of the fact regarding the bringing back of the wife to the matrimonial hous e, shall pass appropriate order thereon justified under the law. With the aforesaid directions, the bail application stands disposed of.