AB 303/2011 BEFORE HON’BLE MR JUSTICE A.C.UPADHYAY By this application under section 438 Cr.P.C, the petitioner Shukur Ali @ Md. Sh ukur Munchi has prayed for releasing him on pre arrest bail in connection with A bhayapuri PS Case No.390/2010 under sections 304(B)/34 IPC. Heard Mr J.Hussain, learned counsel for the petitioner and Mr BS Sinha, learned Additional Public Prosecutor for the State of Assam. The relevant case d iary has been produced by Mr Sinha and I have perused the same. The learned counsel for the petitioner has submitted that the petitioner is the father of the accused Nos 1 and 2 reflected in the F.I.R. The accused no .1 and 2 as stated above have been arrested in connection with this case. The F IR reveals that the complainant’s sister Miss Romela Begum was married socially with the accused Abdul Salam. After marriage both of them were living peacefull y. Subsequently, Abdul Salem married another woman for the second time and all egedly started harassing the deceased by demanding dowry. It has been alleged th at about 1 ‰ month before the incident, the sister of the complainant was sever ely beaten and her right hand was broken and she got injuries on her person. It has been stated in the FIR that on 15.11.2010, the accused killed the complaina nt’s sister and then hanged her. Though the petitioner is named in the F.I.R., on careful perusal of the materials in the case diary, there is no incriminating materials against the pet itioner warranting his custodial interrogation in connection with the case. The investigation of the case would not be adversely affected if the petitioner is g ranted the privilege of pre arrest bail in connection with this case. According ly, it is provided that in the event of arrest of the petitioner abovenamed in c onnection with the aforesaid case, he shall be released on bail of Rs.10,000/- w ith one local surety of the like amount to the satisfaction of the arresting aut hority on condition that, he shall appear before the I.O. as and when directed t o do so and shall co-operate with the investigation of the case. The application is disposed of.