AB 1824/2011 BEFORE THE HON BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner namely, Sri Ghanshyam Mishra, Smti. Urmila Mishra, Sri Lalit Kumar Mishra @ Lalit Kumar Mishra and Smti. Nisha Mishra praying for bail, apprehending their arrest, in connection with All Women PS Case No. 37/11 under Sections 498(A)(b) /120 (B) IPC. Heard Mr. A Choudhury, learned counsel for the petitioners and Mr. BS Sinha, learned Addl. PP, Assam. Also heard Mr. SS Sarma, learned Sr. coun sel appearing for the informant and objecting the prayer for bail. I have also perused the case diary. Admittedly, the petitioners are in-laws of the victim woman. Fro m the FIR, it appears that the marriage between the victim woman was solemnized on 25.6.2007 and the FIR with the allegation of demanding dowry, physical and mental torture has been made nearly after four years. It also appears from the F IR that the prosecutirix is living separately from her husband since last more t han two years. In this way, there appears to be some delay in lodging the FIR. On the other hand, the petitioner’s case is that the husband wa s also rather beaten by the wife and her parents. In that connection the husban d also lodged an FIR at Mumbai since he is serving at Bhaba Atomic Research Cen tre, Tromboy. The said FIR was lodged on 13.11.2009 whereas the present FIR was lodged in the month of March, 2011. The case diary also reveals that the independent witnesses are n ot strongly supporting the theory of demand of dowry. The independent witness ha s no doubt spoken about the mutual fisticuff between the husband and wife. Hence , the arrest and detention of the in-laws is not warranted. Having regard to all the aspect of the matter, the interim orde r granted on 24.6.2011 is hereby made absolute. The petitioners are directed to appear before the I.O. as and wh en summoned and required for interrogation. With the aforesaid directions, this bail application stands disp osed of.