AB 2220/2011 BEFORE THE HON’BLE MR. JUSTICE U.B.SAHA The instant petition under Section 438 Cr. P.C. is filed by the petitioners, thr ee in numbers, namely, Prabitra Kumar Das, Sarbananda Das and Jayanti Das, for granting them bail in the event of their arrest in connection with Dispur police station case No. 1203 of 2011 under Section 498(A) IPC. Heard Mr. D. Choudhury, learned Counsel for the petitioners who submits that the whole allegations in the FIR are false and fabricated and the petitione rs are permanent residents of Hengrabari, near Kalimandir under Kamrup district. He also submits that there is no possibility of their absconsion and tampering the witnesses. He further submits that now a days, the provision of Section 498A is misused like anything and the instant case is one of those cases. On the other hand, Mr. B.S. Sinha, learned Addl. P.P appearing for the p etitioners while producing the case diary submits that the materials which are a vailable in the case diary do not suggest the rejection of the prayer for bail o f the petitioner No. 1 and 3. Therefore, these two petitioners can be granted ba il. It appears from the record that the petitioner No.2 is the father in law of the victim girl whereas the petitioner No.1 is the husband and Mr. Choudhury also informs this Court that the petitioner No.2 is at present at the age of 70 years and being he is an old person, he is entitled to get some extra mileage f rom this Court. Upon hearing the learned Counsel for the parties and on going through th e FIR as well as case diary, this Court is of considered opinion that it would b e proper to grant bail to the present petitioners. Accordingly, it is directed t hat the petitioners shall be released on bail in the event of their arrest in co nnection with the aforesaid P.S. case on their furnishing a bond of Rs.15,000/- each with two sureties of the like amount each, out of which, one should be a Go vt. employee to the satisfaction of the arresting authority on further condition s that they shall appear before the I.O of the case as and when called for and they shall leave the State of Assam without prior permission of the I.O of the case. With the aforesaid order, the bail application is disposed of.