AB 253/2010 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Dr. B. Ahmed, learned counsel for the petitioners. Also Mr. B.S. Sinha, l earned Additional Public Prosecutor, Assam, for the State respondent. Perused the case diary and the I.O’s report. This is an application filed under section 438 of the Cr. P.C. seeking pre-arres t bail in favour of the petitioners, namely, (1) Shri Muhibullah Ali and (2) Mus tt. Jamila Begum in connection with Bharalumukh P.S. Case No. 93/2010 registered under Sections 325/ 307 of the IPC. The allegations made in the FIR lodged by one, Smti Afata Jahan are that Mrs. Af ifa Begum, wife of late Moslehuddin Ahmed was looked after by Mohibullah Ali and his wife Jamila Begum, i.e. the present petitioners fulfilling her needs. Accor ding to the informant, they, after coming to know about the illness of Mrs. Afif a Begum, alongwith her relatives, visited the house of Mrs. Afifa Begum and fou nd that the said lady was lying in her bed ridden and was not in a position to speak due to her illness. Accordingly, she was shifted to the Gauhati Medical Co llege for treatment on 18th April, 2010. In the FIR, it has been alleged that th e petitioners deliberately starved and deprived the said lady from her basic nee ds with a motive to grab her property. On receipt of the said FIR, police registered Bharalumukh P.S. Case No. 93/2010 on 19-04-2010 under sections 325/307 of the IPC. From the I.O’s report, it appea rs that Mrs. Afifa Begum, who was undergoing medical treatment died in the month of May, 2010. Having heard the learned counsel for both sides and considering the materials on record, it appears that the deceased was in the custody of the petitioners and she was looked after by the them. The I.O.s report reveals that the deceased was suffering from illness and expired in the Hospital in the month of May, 2010. Considering the entire aspects of the matter, I am of the opinion that the relea se of the petitioners, who are husband and wife, on bail at this stage, will no t adversely affect the investigation. Accordingly, the prayer for pre-arrest bai l of the petitioners is allowed. It is directed that in the event of arrest of the petitioners in connection with the case aforementioned, the petitioners shall be released on bail of Rs. 20,00 0/- (Rupees twenty thousand) only each with 1 (one) local surety each of the lik e amount to the satisfaction of the arresting authority It is further directed that the petitioners shall appear before the I.O. as and when required and shall not interfere with the investigation in any manner. Return the case diary. Bail application stands disposed of.