AB 2427/2011 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. J. Payeng, learned counsel appearing for the petitioners. Also heard M r. B. S. Sinha, learned Additional Public Prosecutor, Assam. Perused the case da iry and the affidavit submitted by the petitioner No. 1. In the said affidavit, the petitioner No. 1 has stated that the informant is ready not to proceed with the matter any further on acceptance of Rs. 1,25,000/- from him. As offence u/s 493 IPC is not compoundable, the said st atement made by the petitioner No. 1 is not accepted. The allegation made against the petitioner No. 1 is that the pet itioner deceitfully persuaded the informant to cohabitate with him on the plea t hat she was married wife. In the complaint, it has also been alleged that the pe titioner No. 1 had committed sexual intercourse against her will. According to t he informant, the petitioner No. 1, subsequently, refused to accept her as his w ife and the other petitioners, i.e. the petitioner Nos. 2 and 3 had driven her o ut from the house of the petitioners, causing physical assault on her. In view of the above, considering entire aspect of the matter and the incriminating evidence collected by the Investigating Officer. I do not find it to be a fit case to extend the benefit of pre-arrest bail in favour of the p etitioner No.1, namely, Sri Samin Das @ Samindra Das. Hence, the prayer for pre -arrest bail made by the petitioner No. 1 is rejected. However, considering facts and circumstances of this case and the materials available on record, I find no sufficient reason requiring custodial d etention of the petitioner Nos. 2 and 3. Therefore, it is directed that in the event of arrest of the petitio ner Nos. 2 and 3, namely, Sri Anu Das and Tutu Das, respectively, in connection with Simla P.S. Case No. 31/2011 (GR No. 260/2011) under Sections 294/323/417/49 3 IPC, the arresting authority shall release them on bail of Rs. 20,000/- each w ith one surety of the like amount to the satisfaction of the arresting authority . It is provided that the petitioner Nos. 2 and 3 shall appear before the Invest igating officer within 7 days from this date and on such other dates, as may be so required by the Investigating Agency. With the above directions, this bail application is disposed of.