AB 192/2011 BEFORE THE HON’BLE MR JUSTICE P.K.MUSAHARY Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam. The C.D. in connection with Lumding P.S. Case No. 130/10 (G.R. Case No. 984/10) u/s. 376 (g) IPC in connection with C.R. Case No. 1314/2010 has been produced. The said case was registered on the basis of an ejahar lodged by one Musst. Safa tun Nessa alleging that the accused Md. Rais Ali committed rape with the aid of accused No. 2 Md. N. Haque. It appears that the second wife of the present info rmant’s husband lodged complaint case being C.R. Case No. 1067/2010 before the C ourt of learned SDJM, Sankardev Nagar, Hojai which was registered u/s. 498 (A)/3 4 IPC alleging that she has been harassed due to demand of dowry along with pres ent complainant Musst. Safatun Nessa. The said case is still pending before the learned SDJM, Sankardev Nagar, Hojai. The medical report reveals that there is no evidence of recent forcible sexual i ntercourse. Again an affidavit has been sworn by the informant Musst. Safatun N essa before the concerned Magistrate on 7.2.2010 which has been annexed and mar ked as Annexure-3 to the petition, wherein it has been stated that she filed an ejahar out of emotion. It also appears that investigation is at the concluding stage inasmuch as the I.O. has examined several witnesses and also procured the medical report. At this stage, in my considered view, the custodial interrogation is not require d. Accordingly, it is directed that in the event of arrest in connection with the a bove Case the petitioners named above shall be enlarged on bail of Rs. 20,000/- each with two local sureties of the like amount subject to satisfaction of the A rresting Authority on condition the they shall appear before the I.O. concerned within 7 days from today for recording their statements. The bail application stands disposed of.