AB 12/2011 BEFORE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. A. Matin, learned counsel for the accused/petitioners and Mr. B.S. Sinha, learned Addl. P.P., Assam. This is an application made under section 438, Cr. P.C. seeking pre-arre st bail by the accused/petitioners, namely 1) Md. Azit Ali, 2) Abbas Ali and 3) Afsar Ali, in connection with Sualkuchi River P.S. Case No. 17/2010 under sect ion 498(A) IPC. Perused the case diary. As per the FIR, the accused/petitioners harassed the daughter of the informant and due to intolerable harassment she returned to her parental house. The main accused, i.e. the husband of the victim woman, has remained untraced avoiding arrest in connection with the aforesaid case. I have gone through the case diary. Although a case has been registered under section 498(A) IPC, the nature of the allegation would not attract the sai d section. Besides, the present accused/petitioners are father and brothers of t he main accused, i.e. Md. Habizur Ali. From the case diary, it is also found tha t the husband of the victim woman married again another woman. There is no incri minating materials against the present accused/petitioners. In view of the above, the interim bail passed on 05.01.2011 is made abs olute on the same terms and conditions.