AB 357/2010 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Smti Sewali Gogoi, in connection with Dhemaji Police St ation Case No. 183 of 2009, under Sections 366(A)/307 IPC. Perused the above application and materials on record. Also perused the relevant Case Diary. Heard Mr. D. Talukdar, learned counsel for the petitioner, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam. By order, dated 20.07.2009, passed, in Bail Application No.2380 of 2009, an earlier application seeking pre-arrest bail made by the accused was rejected on the ground that the Case Diary reveals incriminating materials against the p etitioner. However, the present application seeking pre-arrest bail has been mad e by the petitioner on the ground that the mother of the alleged victim also, on a later date, lodged an F.I.R. indicating to the effect that her daughter has b een kept confined by the person named in the F.I.R. The said F.I.R. gave rise D hemaji P.S. Case No.285 of 2009 under Section 342/34 IPC. Learned Additional Public Prosecutor has submitted that police, on inves tigation, have not found any material to sustain the accusation(s) and has accor dingly submitted F.R. to the Court. Considering the fact that it was because of the nature of incriminating material s available in the Case Diary that the earlier bail application was rejected by the Court, this Court is of the view that in the facts and attending circumstanc es of the present case, the petitioner cannot be granted the benefit of pre-arre st bail. The petitioner may, however, appear in the Court of the learned Chief J udicial Magistrate, Dhemaji, and if, on her appearance in the learned Court belo w, as directed hereinbefore, she applies for regular bail in connection with the case aforementioned, the learned Court below shall consider and dispose of the same in accordance with law. While considering the application for bail, if so m ade by the petitioner, the learned Court below shall take into account the fact that the petitioner is a female person. This bail application stands disposed of in terms of the above observations and directions.