AB 911/2011 BEFORE HON’BLE MR JUSTICE H, BARUAH Heard Mr. S. Munir, learned counsel for the petitioners and Mr. B.B. Gogoi, lear ned Addl. P.P. for the State of Assam. Petitioner No. 1 is the husband of the informant while petitioner No. 2 is the s ister-in-law of the informant and they being apprehensive of arrest in connectio n with Hajo Police Station Case No. 48 of 2011 registered under Section 498(A) I PC have approached this court by filing the instant application under Section 43 8 Cr.PC praying for privilege of pre arrest bail. In the First Information Repor t so lodged by the wife of the petitioner No. 1, it is alleged that she had been mentally tortured by the petitioner and other family members on account of her failure to satisfy their dowry demand. It is also alleged that on 8-2-2011 both the petitioners also threatened the informant that she would be killed by settin g fire on her, being unable to bear the mental torture she had to leave her matr imonial home. This court while taking up the matter in the motion stage being prima facie sati sfied provided interim bail to both the petitioners. It appears that both the pe titioners had not sought for such relief before the Sessions Judge, who has also the jurisdiction to entertain the application under Section 438 Cr. P.C. The materials available in the case diary are meticulously perused, wherefrom it appears that there is allegation of dowry demand and also mental torture on acc ount of failure on the part of the first informant to satisfy their demand. In v iew of availability of materials in the case diary, this court is not inclined t o provide privilege of pre arrest bail to the petitioners. However, petitioners would be at liberty to approach the court of Chief Judicial Magistrate concerned for regular bail and for that purpose the interim bail gra nted earlier vide order dated 4-4-2011 is extended till 20-5-2011. During this t ime the petitioners may file an application for regular bail before the concern ed CJM, which, if filed shall be disposed of in accordance with law. Bail application stands disposed of.