AB 1738/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. D.K. Saikia, learned counsel for the petitioners as well as Mr. K. Mun ir, learned P.P. appearing for the State of Assam. It is submitted by Mr. Saikia that this bail application is not pressed for and in favour of petitioner No.1, Md. Moqbul Hussain, the husband of the vic tim Phulmati Khatun, since he has already been arrested by the police in connect ion with this case. He, however, press this application in favour of the rest of the petitioners namely - Md. Akbar Ali and Mustt. Mariyam Nessa filed under Sec tion 438 CrPC for granting them privilege of pre-arrest bail in connection with Behali P.S. Case No.163 of 2010 under Section 344/346/364/34 IPC. The allegations made against the accused persons in the complaint regist ered as first information report by the police are that Mustt. Phulmati Khatun, the wife of the Md. Moqbul Hussain had been tortured both mentally and physicall y on account of her inability to fulfill their dowry demand. When her relatives visited her house, she could not be found. Complaint being lodged, a case was r egistered under Section 344/346/364/34 IPC. During the investigation, the said P hulmati was produced before the Magistrate for recording her statement under Sec tion 164 CrPC and accordingly, her statement was recorded. She in her statement stated about demand of dowry. There is no allegation made by her that she had be en confined or kidnapped by the petitioners. From her statement recorded under S ection 164 CrPC, this Court finds no ground to reject the application under Sect ion 438 CrPC. Interim order provided vide order dated 17.6.2011 in favour of the petit ioner No.3, Mariyam Nessa is made absolute. In respect of the petitioner No.2, Md. Akbar Ali, it is directed that in the event of his arrest, he shall be released on bail for Rs.10,000/- with one local surety of the like amount to the satisfaction of the arresting authority i n connection with Behali P.S. Case No.163 of 2010. The bail application stands disposed of.