AB 920/2011 BEFORE HON’BLE MR. JUSTICE IA ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Shri Prabir Das, in connection with Hojai Polic e Station Case No. 21/2011, under Sections 458/376/294/323/34 IPC. Perused the above application and materials on record. Perused also the relevant case diary. Heard Mr. M Biswas, learned counsel, appearing on behalf of the petitioner, and Mr. K Munir, learned Additional Public Prosecutor, Assam. Petitioner’s earlier application for pre-arrest bail was rejected on perusal of the case diary, by order, dated 28-02-2011, passed in AB No. 400 of 2011, while the co-accused, named in the FIR, were granted the benefit of pre-arrest bail. By this application, seeking pre-arrest bail, the petitioner, now, submits that his son has been suffering from congenital heart disease and infective hepatitis and his treatment requires the petitioner’s presence and the petitioner’s son i s also required to be brought to Guwahati from Nagaon for better treatment. Considering the fact that the petitioner’s earlier prayer for pre-arrest bail wa s rejected on perusal of the case diary, the ground, on which the petitioner is, now, seeking pre-arrest bail, is not tenable in law. In view of the above and in the interest of justice, while the prayer for pre-ar rest bail made by the petitioners is hereby declined, the petitioner is given th e liberty to make appropriate application in the Court of the learned Sub-Divisi onal Judicial Magistrate, Hojai, and if, on his appearance in the learned Court below, the petitioner makes any application for regular bail, the learned Court below shall consider and dispose of the same in accordance with law taking into consideration all aspects of the petitioner’s case. With the above observations and directions, this petition shall stand disposed o f.