AB 2069/2011 BEFORE THE HON’BLE MR. JUSTICE UB SAHA The instant bail application is field by the petitioners, namely, Smt. Himani Da s, Miss Shyamontika Sharma and Sri Ganesh Chandra Das under Section 438 CrPC for granting them pre-arrest bail in connection with Satgaon PS Case No. 74/2011 un der Section 376/ 357/ 384/ 323/ 506/ 34 IPC. Heard Mr. BD Konwar, learned counsel for the petitioners as well as Mr. BS Sinha , learned Addl. PP for the Sate. Mr. Konwar while urging for pre-arrest bail of the above named petitioners would contend that the whole allegation of the prosecution is against the son of the petitioner Nos. 1 and 3 and the petitioners are in no way connected with the all eged offence under Section 376. He again contended that petitioner No. 1 had to be hospitalised due to her sufferings from various ailments and petitioner No. 2 is a well known actor of the Assamese Film Industry and Mobile Theatre whereas petitioner No. 3 is a businessman by profession. He further contended that petit ioner No. 3 also filed a counter case which is registered as Satgaon PS Case No. 72/2011 under Section 384/506/34 IPC. Therefore, it would be proper for this Co urt to grant them pre-arrest bail as they are not asking for granting bail to th e main accused, i.e. son of petitioner No. 1 and 3. Mr. Sinha, learned Addl. PP for the State, in his usual fairness submits that th ese three petitioners can be granted bail, even in the absence of CD, being they are not involved with the alleged offence under Section 376 IPC. This Court has gone through the FIR wherein the name of one Maina (Rishi) is sho wn as the alleged offender for committing rape on Sumi Deka. In view of the abov e, this court is of the considered opinion that this is a fit case where pre-arr est bail should be granted. Accordingly, it is directed that petitioners, namely, Smt. Himani Das, Miss Shya montika Sharma and Sri Ganesh Chandra Das shall be released on bail in the event of their arrest in connection with the aforesaid PS Case, on furnishing a bond of Rs. 15,000/- with one surety each of the like amount to the satisfaction of t he arresting authority on further condition that they shall appear before the IO of the case once in a month for the next three months and they shall not leave the State of Assam without the prior permission of the learned CJM, Kamrup. They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclos ing such facts to the court or to any police officer. With the aforesaid order, the instant bail application is allowed.