AB 790/2011 BEFORE HON’BLE MR.JUSTICE B D AGARWAL This application has been filed under Section 438 Cr.P.C. by the petitioners namely 1) Sabubor Rahman @ Mabibur Rahman and 2) Abdul Momin appr ehending their arrest in connection with Kokrajhar P.S.Case No.38 of 2011 U/S 3 02,IPC . Heard Mr.M U Mandal, learned counsel for the petitioners and M r. B.Gogoi, learned additional public prosecutor, Assam. Also perused the case d iary. From the FIR and Case diary it appears to me that the petitioner No.2, Abdul Momin was the husband of the deceased and there were various litiga tions between them. On the relevant day the deceased had gone to the court to a llow her case, wherefrom she went missing and later her dead body was found. Hence, there appears to be a strong suspicion against the pe titioner No.2. Acordingly his bail prayer is rejected. However the I.O. has no t collected any incriminating material against the petitioner No.1, who is the father of petitioner No.2 and as such bail prayer of petitioner No.1 is accepte d. Hence, the I.O. is directed to released the petitioner No.1, in the event of his arrest in connection with the aforesaid P.S.Case, on furnishi ng bail bond of Rs.20,000/- with one local surety of the like amount to his sa tisfaction . Petitioner No.1 is directed to appear before the I.O. within t wo weeks from today and shall co-operate in the investigation as and when requir ed. Bail application stands disposed of accordingly.