AB 414/2010 BEFORE THE HON’BLE MR JUSTICE C R SARMA Heard Ms. N S Thakuria, learned counsel appearing for the accused petitioner as well as Mr. B S Sinha, learned Additional Public Prosecutor, Assam. By this application filed under Section 438 Cr.P.C. the petitioner, namely Shri Bibhuti Bhattacharjee, seeking pre-arrest bail in connection with G.R. Case No .693/2007 arising out of Chabua PS Case No.229/2006 under Section 498(A) IPC pe nding in the learned Court of Judicial Magistrate, 1st Class, Jorhat. Learned counsel for the petitioner has submitted that the Police filed Charge Sh eet in the said case and the Judicial Magistrate, 1st Class issued Non-Bailable Warrant of Arrest and the P/A against the petitioner and that the matter has bee n fixed on 04.01.2011 for appearance of the accused petitioner. Learned counsel for the petitioner also submitted that the accused was suffering from illness (s uspecting the case of Cancer) at New Delhi for which, he could not appear before the learned Court. It is also submitted that he had no information about the pe ndency of the case prior issuance of the Non-Bailable Warrant of Arrest and P/A. Producing the agreement executed before the Notary by the informant and the pet itioner, it is submitted that the petitioner and the informant are husband and w ife, that due to certain misunderstanding, they were living separately for last 5 years and that now they have decided to live together as husband and wife. Considering the entire aspect of the matter, the petitioner is allowed to appear before the learned Judicial Magistrate, 1st Class, Jorhat on 04.01.2011 seeking appropriate relief and on such appearance, the learned Judicial Magistrate shal l pass necessary order as per law without being influenced by this order. In the interim, till the next date, the execution of the Warrant of Arrest and t he order of attachment are stayed. With the above direction, this bail application is disposed of.