AB 1820/2011 BEFORE HON’BLE MR. JUSTICE U.B. SAHA The instant application u/s 438 Cr.P.C. is filed by the petitioners for granting them bail in the event of their arrest in connection with Lakhipur PS C ase No.80/11 u/s 302/34 IPC (GR No.383/11). Heard Mr. R. Islam, learned counsel for the petitioners as well as Mr. B S Sinha, learned Addl. PP, Assam, who produce the case diary. Producing the case diary, the learned PP submits that the Doctor who has done the autopsy on the body of the deceased suggested testing of viscera by th e forensic experts and the investigation is also going on. He further submits t hat as the allegation is of murder, it would not be proper to grant bail at this early state u/s 438 of CrPC. Learned counsel for the petitioners, Mr. Islam submits that the petition ers are the brother-in-law and sister-in-law of the deceased and was living in a separate mess and they are in no way involved with the alleged offence, even if the same is committed by the husband. As the investigation is going on and there are some materials in the cas e diary, it would not be proper for this Court to grant bail to the petitioners at this stage. Accordingly, the prayer for bail is rejected.