AB 23/2010 BEFORE THE HON’BLE MR JUSTICE C.R.SARMA Heard Mr. S.N.Tamuli, learned counsel appearing for the petitioner namely Sri Ja gat Hazarika and Mr. B.S.Sinha, learned additional public prosecutor, Assam. Perused the case diary. This is an application under Section 438 Cr.P.C seeking pre-arrest bail in favou r of the petitioner, in connection with Garamur Police Station Case No.30/2010 U /Ss 376/417,IPC: GR No.139/2010. The learned counsel for the petitioner drawing my attention to an agreement made between the parties, has submitted that the petitioner and the complainant were known to each other and they decided to marry, but due to certain misunderstand ing the informant lodged the case falsely. The learned counsel for the petitione r also submitted that the petitioner needs some more time to make himself mental ly prepared to marry the informant. Having hearing the learned counsel for the parties and considering the materials available on record it appears that there was a love affairs between the petiti oner and the informant since long. Therefore, considering the entire aspect of t he matter and possibility of marriage, I am of the considered opinion that relea se of the petitioner on pre-arrest bail will not cause any prejudice to the inve stigation. In view of the above, it is directed that in the event of arrest of t he petitioner, he shall be released on bail of Rs.25,000/- with one local surety of the like amount to the satisfaction of the arresting authority subject to t he condition that petitioner shall appear before the Investigating Officer withi n seven days from today. This order shall remain in force within a period of four weeks from today, after which, petitioner shall appear before the learned SDJM, Majuli seeking regular bail and on such appearance and filing bail application, the learned SDJM, Maj uli shall consider the prayer for bail as per law. The petitioner shall not interfere with the investigation in any manner. With the aforesaid directions, bail application stands disposed of. Return the case diary.