AB 242/2010 BEFORE THE HON’BLE MR JUSTICE AC UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the petitioners, namely, (1) Md. Nurul Islam @ Islamuddin, (2) Md. Miya Hussain, (3) Md. Abdul Salam, and (4) Md. Habijul Haque, in connection with Dhekiajuli P .S. Case No. 177/2010 under Section 366(A) of IPC. Heard Mr. B Choudhury, learned counsel, appearing for the petitioners, and Mr. B S Sinha, learned Addl. P.P. for the State of Assam. Perused the Case Diary and the materials available on record. On careful perusal of the case diary and materials available on records, it appe ars that the accused-petitioners forcibly kidnapped the victim from her residenc e. However, on careful perusal of the case diary and materials on records, it appea rs that there are sufficient incriminating materials, warranting custodial inter rogation of the petitioner Nos.1, 3 and 4, namely, Md. Nurul Islam @ Islamuddin, Md. Abdul Salam, and Md. Habijul Haque respectively, in connection with the cas e aforementioned. Accordingly, the prayer for pre-arrest bail made on behalf of the petitioner Nos .1, 3 and 4, namely, Md. Nurul Islam @ Islamuddin, Md. Abdul Salam, and Md. Habi jul Haque, respectively, stands rejected. However, there is no sufficient materials on record, warranting a custodial inte rrogation of the petitioner No.2, Md. Miya Hussain. Accordingly, the prayer for pre-arrest bail of the petitioner No.2, namely, Md. Miya Hussain, in the facts a nd circumstances of the case, is considered and allowed. Consequently, it is provided that in the event of arrest of the petitioner No.2, namely, Md. Miya Hussain, in connection with Dhekiajuli P.S. Case No. 177/2010 under Section 366(A) of IPC, he shall be released on bail of Rs.10,000/- with on e surety of the like amount to the satisfaction of the arresting authority on co nditions that the he(petitioner No.2) shall make himself available before the In vestigating Officer as and when required and shall also cooperate the I.O. for i nvestigation of the case. This bail application stands disposed of in terms of the above directions.