AB 1336/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Md. B Islam, learned counsel for the petitioners. Also heard Mr. BB Gogoi , learned Additional Public Prosecutor for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioners namely, Somatulla Ali, Ashadullah Mandal and Ajbahar Mandal seeking pre- arrest bail apprehending their arrest in connection with Dhula Police Station Case No. 45 of 2011 under sections 323/ 365/ 384/ 34 of the Indian Penal Code. P etitioner No. 3 has already been arrested. Hence, this application is confined t o petitioner Nos. 1 and 2 only. Despite repeated adjournments, case diary has not been produced. The prosecution case is that the informant’s husband was kidnapped by the accuse d persons and extorted money. On the other hand, the petitioners case is that l ong back , two numbers of camel were sold out to the informant and when the paym ent was not made, an altercation took place and thereafter FIR with exaggerated allegations have been made. The learned counsel also submitted that the informant’s husband returned home wi thin an hour and there was no serious injury. In view of the aforesaid submissions, prayer for pre-arrest bail is accepted. Accordingly, the I.O. is directed to release the accused petitioner Nos. 1 and 2 in the event of their arrest on furnishing a bail bond of Rs. 10,000/- each w ith one local surety of like amount to the satisfaction of the arresting authori ty. Besides this, the petitioners are directed to appear before the I.O. within a we ek from today and they shall co-operate in the investigation of the case. It is made clear that if the victim is still untraceable , the I.O. shall bring it to the notice of this Court so that the anticipatory bail granted to the peti tioners may be cancelled. The anticipatory bail application stands disposed of.