AB 60/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail fo r the petitioners, namely, 1. Shri Dhireswar Bezbaruah, and 2. Smt. Khiroda Bezb aruah, in connection with Nalbari Police Station Case No. 422/2010, under Sectio n 304(B) of the IPC. Heard Mr. T. Deori, learned counsel, who had appeared in this case as the counse l for the petitioners, seeking to withdraw from this case on the ground that the brief of this case has been taken back by the petitioners from him and Mr. J. R abha, learned counsel, who had filed this bail application. Heard also Mrs. K. K. Choudhury, learned counsel, appearing on behalf of the petitioners, and Mrs. A. Begum, learned Additional Public Prosecutor, appearing on behalf of the State respondents. Perused the above application and materials on record. The petitioners’ earlier application for pre-arrest bail was rejected by order, dated 29.11.2010, on perusal of the case diary. The order, dated 29.11.2010, af orementioned reveals that the rejection of the petitioner was on the ground that the case diary revealed cogent and incriminating materials against the petition ers. In the backdrop of the above facts, the petitioner has, now, made this applicati on supported by an affidavit, which has been filed by the complainant-informant of the case, to the effect that the complainant-informant had filed the case aga inst the petitioners due to some misunderstanding. However, the reasons for suc h misunderstanding have not been explained in the affidavit. Because of the reasons discussed above, this Court is of the firm view that the in the facts and attending circumstances of the present case, the petitioners ca nnot be given the benefit of pre-arrest bail. Situated thus and in the interest of justice, the petitioners’ prayer for pre-ar rest bail is hereby rejected.