AB 1769/2011 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) Sri Arup Sarma, (2) Sri Braja Nath Sarma, and (3) S mti. Kamini Devi in connection with Nalbari P.S. Case No. 65/2011 under Section s 498(A) IPC. Heard Mr. P. Kalita, learned counsel appearing for the petitioners, and Mr. B.B. Gogoi, learned Addl. P.P. for the State of Assam. Case diary was called for in the instant case for consideration of the bail pray er. Learned Addl. P.P. by producing the Case Diary has apprised the Court regard ing progress of the investigation. Perused the case diary and the materials on record. FIR reveals that after about six months of the marriage of the victim, allegedly the husband, petitioner Nos.2 and 3 assaulted and abused the victim for demand of dowry. Considering the entire gamut of facts, leading to filing of the FIR and further considering the materials on record, I am of the considered view that release of the accused-petitioner on pre-arrest bail, the further investigation of the cas e shall not be adversely effected and also I do not find sufficient incriminatin g materials against the petitioner warranting their custodial interrogation in c onnection with this case. Accordingly, it is provided that in the event of arrest of the petitioner, (1) S ri Arup Sarma, (2) Sri Braja Nath Sarma, and (3) Smti. Kamini Devi, in connectio n with the case aforementioned, they shall be released on bail on their furnishi ng a bond of Rs.10,000/- with one local surety each of the like amount to the sa tisfaction of the arresting authority on condition that they shall cooperate wit h the investigating agency and shall make themselves available to the I/O of the case as and when required. With the above directions, the bail application stands disposed of.