AB 917/2011 BEFORE HON’BLE MR JUSTICE A C UPADHYAY This is an application made under Section 438 CrPC seeking pre-arrest bail on be half of the petitioners, namely, 1. Md. Nuruzzaman Borbhuyan, 2. Md. Lukman Huss ain Borbhuyan, 3. Md. Abdul Jalil Borbhuyan, 4. Md. Abdul Kadir Borbhuyan, and 5 . Musstt. Fatima Bibi, in connection with Dobika Police Station Case No. 23/2011 , registered under Section 343/ 498(A)/ 403/506/34 IPC. Heard Mr. Inam Uddin, learned counsel for the petitioners, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam. Perused the above application and the materials on record. By producing the case diary, Mr. B. S. Sinha, learned Additional Public Prosecutor, has appr ised the Court regarding the progress of the investigation into the case. The FIR reveals that the daughter of the First Informant got married wit h the petitioner No. 1, namely, Md. Nuruzzaman Borbhuyan, as per Islamic rights and customs. However, though at the time of marriage many articles worth about more than rupees eighty-eight thousand were given to Md. Nuruzzaman Borbhuyan (p etitioner No. 1), barely after two months of the marriage, accused Nuruzzaman, i n collusion with other members of his family, started assaulting and humiliating his wife (daughter of the First Informant) demanding dowry and a cash amount of rupees one lakh. The victim, thus having rendered helpless, she took shelter w ith her father. However, later on, on mediation by some well-wishers, the victi m once again started living with her husband. However, even thereafter, the tor ture on her by her husband and his family members continued and finally she was compelled to leave the house of her husband (i.e., petitioner No. 1) at a time w hen she was five months’ pregnant. On careful perusal of the case diary and the materials on record, it appears th at there are sufficient incriminating materials against the petitioner No. 1, na mely, Md. Nuruzzaman Borbhuyan, warranting his custodial interrogation in connec tion with the case aforementioned. Therefore, the prayer for pre-arrest bail ma de on behalf of the petitioner No. 1, namely, Md. Nuruzzaman Borbhuyan, is hereb y rejected. However, as the perusal of the case diary and the materials on record does not r eveal sufficient incriminating materials against the remaining petitioners warra nting their custodial interrogation in connection with the case aforementioned, I am of the considered view that the further investigation of the case aforement ioned would not be adversely affected if the remaining petitioners (i.e., petiti oner Nos. 2 to 5) are extended the privilege of pre-arrest bail. In view of the above, it is hereby directed that the event of arrest in connecti on with the case aforementioned, the petitioners Nos. 2 to 5, namely, Md. Lukman Hussain Borbhuyan, Md. Abdul Jalil Borbhuyan, Md. Abdul Kadir Borbhuyan, and Mu sstt. Fatima Bibi, respectively, shall be released on bail of Rs. 10,000/- each, with one surety, each of the like amount, subject to the satisfaction of the ar resting authority. This privilege of pre-arrest bail, hereby extended to the pe titioner Nos. 2 to 5, is on condition that they shall co-operate with the invest igation of the case and shall appear before the Investigating Officer as and whe n required to do so. This Anticipatory Bail Application stands disposed of in terms of the ab ove observations and directions.