AB 194/2011 BEFORE HON’BLE MR. JUSTICE H. BARUAH. Heard Mr. B. K. Mahajan, learned counsel for the petitioner, as well as Mr. B. B . Gogoi, learned Additional Public Prosecutor, Assam. This is an application under section 438 Cr.PC. The Petitioner apprehend ing his arrest in connection with the Tamarhat PS Case No. 143/2010 under sectio n 306/34 IPC. The author of the FIR is one Girobala Ray, mother of the deceased Jutika . She filed the Ejahar alleging that her daughter committed suicide on account o f ill treatment meted to her by the accused persons. Mr. B. K. Mahajan, learned counsel for the petitioner taking recourse to the statement of the witnesses namely Sri Rajen Kumar and another Smt. Sabitri Ray recorded under section 164 Cr.PC. submitted that one Soneka and another Ramo assaulted Jutika by hands and also with lathi and when prevented one Ganesh que stioned their authority. On the next day, said Jutika committed suicide by hangi ng herself with the help of Urna (wearing apparel). It is also submitted by Mr. Mahajan that in the statement so recorded un der section 164 Cr.PC. with the witnesses do not speak of involvement of the pre sent petitioner in the aforesaid case. It is also submitted by the learned counsel that the first informant, th e deceased and the accused persons belong to the same family. In view of the above submissions and the materials available in the case diary, I do not find any sufficient materials to reject the application. Mr. BB. Gogoi, learned Addl. PP, Assam fails to place strong materials a gainst this petitioner to reject this application. After hearing submission of the learned counsel for both the parties and the statements recorded under section 164 Cr.PC in particular, this application stands allowed. In the event of the arrest of the petitioner in connection with Tamarhat PS Case No. 143/2010 under section 306/34 IPC, the petitioner namely Sri Biswaj it Kr. Roy @ Madan Roy shall be released on bail for Rs. 15,000/- with a local s urety of like amount to the satisfaction of the arresting Authority with conditi on that the petitioner shall appear before the IO as and when required and he sh all not interfere with the investigation of the case. Further, the petitioner shall appear before the IO within a period of 10 (ten) days for recording his statement. This bail application stands disposed of.