AB 1127/2011 BEFORE HON’BLE MR. JUSTICE C.R. SARMA Heard Mr. T.J.Mahanta, learned counsel for the petitioners and Mr. K.Mun ir, learned Addl.P.,Assam. Perused the Case diary so produced by the learned Addl.P.P,Assam. This is an application filed under Section 438 Cr.P.C. seeking pre- arrest bail in favour of the petitioners namely, Krishnadhan Shill, Shri Haradha n Shill and Mrs. Anita Biswas Shjll in connection with Daboka P.S. Case No. 35/ 11 under Section 342/498(A)/ 436/304(B)/34 IPC. The petitioner Nos. 2 and 3 are already on pre-arrest bail . There is n o adverse report . The learned counsel appearing for the petitioners has submitt ed that the deceased was caught by accidental fire and that she was immediately shifted to the hospital by the petitioner No. 1, who is the husband of the dec eased. It is submitted that the petitioner No. 1 married the deceased following love affairs and that he is no way involved with the alleged offence. Perusing the dying declaration, produced by the learned Addl.P.P, it appears that the p etitioner died due to accidental fire. In view of the above, considering the entire aspect of the matter, I am of the opinion that release of the petitioners on bail will not adversely affect the investigation. Therefore, I find no sufficient reason for c ustodial detention of the petitioners. Accordingly, the prayer for pre-arrest bail is granted. Interim order dated 1.5.2011 in respect of petitioner Nos. 2 and 3 are hereby made absolute. It is provided that , in the event of arrest of the petitioner No. 1 S hri Krishnadhan Shill, he shall be released on bail of Rs. 20,000/- with one su rety of the like amount to the satisfaction of the arresting authority in connec tion with the aforementioned case. It is provided that all the petitioners shall appear before the I.O. for the purpose of interrogation as and when required. With the above observations and directions, this bail application is dis posed of. Return the Case Diary along with the dying declaration and the post mortem report.