AB 23/2011 BEFORE HON’BLE MR. JUSTICE B D AGARWAL This application Under Section 438 of the Code of Criminal Procedure, 1973 has b een filed by the accused persons namely Md. Sahed Ali and Mahela Begum @ Sahela Behum @ Mahela Khatun seeking pre-arrest bail in connection with Baghbar Police Station Case No. 44 of 2010 ( GR Case No.1103 of 2010) Under Sections 498 (A)/ 3 04 (B)/34 of the Indian Penal Code. Heard Mr. A R Sikdar, learned counsel for the accused petitioners. Also Heard Mr . KA Mazumdar, learned Addl. Public Prosecutor for the State. Earlier also similar prayer was rejected by this Court on 01.11.2010 passed in B ail Application No. 4307 of 2010. Mr. Sikdar, learned counsel for the petitioner submits that the accused petition ers are old aged persons and on earlier occasion, they had saved the life of the deceased Surya Bhanu Begum, while she attempted to commit suicide. In my considered opinion, the aforesaid ground can be considered only after sur render of the accused persons either before the Investigating Officer ( I.O.) o r before the competent Judicial Magistrate. Considering all the aspects, the prayer for bail is rejected. Liberty is given to the petitioners to surrender before the I.O. or before the c oncerned Chief Judicial Magistrate and pray for regular bail. On filing such bai l application , the Judicial Magistrate shall consider the same on merit and sha ll also consider the age of the accused persons.