AB 11/2010 BEFORE THE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail fo r the petitioners, namely, 1. Bodhen Bania, 2. Shri Bhai Bania, 3. Smt. Pranamik a Bania, in connection with Bijni Police Station Case No. 339/2010 IPC, under Section 341/326/427/34 (Corresponding to GR Case No. 1211/2010 under Sect ions 341/326/427/34 of the IPC). Perused the above application and materials on record. Also perused the releva nt case diary including the injury report in respect of Kiran Bania and Rajen Go swami. Heard Mr. N. Baruah, learned counsel, appearing on behalf of the petitioners, an d Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam, appearing on behalf o f the State respondents. In view of the fact that the case diary reveals sufficient incriminating materia ls against the petitioner Nos. 1 and 2, namely, Bodhen Bania and Shri Bhai Bania , respectively, their prayer for pre-arrest bail is hereby rejected. However, considering the fact that the petitioner No. 3 is a woman and the mater ials in the case diary do not reflect that her custodial detention is imperative , the interim directions for pre-arrest bail, passed in her favour, on 16.11.201 0, are hereby made absolute subject to the condition that the petitioner No. 3 a bove-named shall make herself available for interrogation by police at all reaso nable time. The above directions for pre-arrest bail, made in favour of the petition er No. 3, shall remain in force for a period of six weeks from today and if, the reafter, required, the petitioner No. 3 above-named may appear in the Court of t he learned Chief Judicial Magistrate, Lakhimpur, and if, on her appearance in th e learned Court below, the petitioner No. 3 above-named makes regular applicatio n for bail, the same shall be considered and disposed of by the learned Court be low in accordance with law. The petitioner Nos. 1 and 2 are also left at liberty to appear in the Co urt of the learned Chief Judicial Magistrate, Lakhimpur, and if, on their appear ance in the learned Court below, they make regular application for bail, the lea rned Court below shall consider and dispose of the same in accordance with law. With the above observations and directions, this Bail Application stands disposed of.