AB 3193/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY This is an application under section 438 of the CrPC in Gauripur P S Case No.482 /2011 registered under sections 498(A)/34 of the IPC. Heard Mr. B Gogoi, learned counsel appearing for the petitioners. Also heard Mr. S Hussain, learned counsel appearing for the informant. The case diary is produ ced by Mr. B S Sinha, the learned Addl. P.P. Although the informant by filing Crl. Misc. Case No.772/2011 has stated that a s eparate pre-arrest bail application was filed before the learned Sessions Judge, Dhubri by the petitioner Nos.2 & 3, Mr. B Gogoi, learned counsel for the petiti oners responds by saying that the said application was mistakenly filed on 29.9. 2011 and was subsequently withdrawn on 25.10.2011. It is further pointed out tha t the instant AB 3193/2011 was filed earlier in this Court on 28.9.2011. Since the application before the learned Sessions Court, Dhubri was not filed by the petitioner No.1, who is the husband of the informant and considering that t he other application is no more pending after 25.10.2011, I am inclined to consi der this pre-arrest bail application on merit. Accordingly after considering the materials in the case diary, this case stands allowed in terms of the interim order dated 29.9.2011.