AB 881/2011 BEFORE THE HON’BLE MR JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the accused-petitioners, namely, (1) Mrs. Lakhi Haldar, (2) Miss Priti Haldar @ Tinku Haldar, (3) Miss Swapna Haldar, and (4) Sri Sidhartha Haldar @ Aditya Hald ar, in connection with Barpeta Road P.S. Case No. 18/2011(corresponding to G.R. case No.217/ 2011) under Sections 109/326/307 IPC add Section 306 IPC. I have heard Mr. Z. Alam, learned counsel for the petitioners, and Mr. BB Gogoi, learned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding the progress of investigation. The allegation in the FIR reveals that the accused, Sri Sidhartha Haldar develop ed an affair with Miss Pompi Karmakar, the daughter of the informant, who is age d about 16 years. Initially the other accused persons extended their cooperation to the accused, Sidhartha in the aforesaid affair but later on 26.01.2011, on t he ill advice of the other accused, the accused, Sidhartha refused to continue t he relation and threatened to kill her. On 27.01.2011, at about 5.30 am in the m orning, Pompi Karmakar tried to commit suicide by pouring Kerosene oil on her bo dy. She was immediately taken with 85% burn injury to Barpeta Civil Hospital for treatment. Ultimately, she succumbed to her injuries. On receiving the Ejahar from Santosh Karmakar, the father of the victim, a case was registered by the police and investigation was launched. On careful perusal of the case diary and the materials on record, it appears tha t there is no sufficient incriminating materials against Mrs. Lakhi Haldar, Miss Priti Haldar @ Tinku Haldar, and Miss Swapna Haldar, warranting their custodial interrogation in connection with this case. However, considering the gravity of the offence, it appears that there are certa in incriminating materials against the accused-petitioner, Sri Sidhartha Haldar @ Aditya Haldar, warranting custodial interrogation, in connection with this cas e, Accordingly, in view of the above, the prayer for pre-arrest bail on behalf of t he accused-petitioner, namely, Sri Sidhartha Haldar @ Aditya Haldar, is rejected . However, it is provided that in the event of arrest of the petitioners, namely, (1) Mrs. Lakhi Haldar, (2) Miss Priti Haldar @ Tinku Haldar, and (3) Miss Swapna Haldar, they shall be released on bail of Rs.10,000/-, with one surety of the l ike amount each to the satisfaction of the arresting authority on condition that the accused-petitioners shall make themselves available before the Investigatin g Officer as and when required and shall also cooperate the I.O. for investigati on of the case. This bail application shall stand disposed of in terms of the above directions.