AB 2198/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Md. S. Islam, learned counsel for the petitioners and Mr. K. Munir, learne d Addl. P.P for the State of Assam. The petitioners herein apprehensive of their arrest in connection with South Sal mara P.S Case No. 67 of 2011 registered under Section 120(B)/448/325/307/34 IPC have filed this petition under Section 438 Cr. P.C to provide them privilege of pre arrest bail. It is submitted by Md. Islam, learned counsel for the petitioners that this firs t information is engineered by the brother of Abdul Momin to retaliate the case instituted by Muslema Khatun, wife of Abdul Momin which was entered vide G.D Ent ry No. 474 dated 31-5-2011 of Kharuabandha Police out Post under South Salmara p olice station which subsequently registered as South Salmara P.S Case No. 82 of 2011 under Section 498(A)/34 IPC. In view of the contention raised in this petition and the submissions advanced b y Md. S. Islam, learned counsel for the petitioner, the materials available in t he case diary along with the statement of the witnesses recorded under Section 1 61 Cr. P.C are meticulously perused. Some of the witnesses so far examined by In vestigating Officer under Section 161 Cr. P .C gives a positive statement that o n the day the petitioners along with others assaulted Abdul Monin. Having availability of the materials in the case diary, this court is not inclin ed to provide pre arrest bail to the petitioners. Accordingly, interim provided vide order dated 27-7-2011 stands vacated. Application stands disposed of.