AB 1527/2011 BEFORE HON’BLE MR JUSTICE H BARUAH Heard Mr. S Bhuyan, learned counsel for the petitioners and Mr. K Munir, learned Addl.Public Prosecutor for the State. The petitioners herein apprehending their arrest in connection with Bijni Police Station Case No.112 of 2011 under section 498(A) of the Indian Penal Code have approached this Court by filing this petition under section 438 of the Cr.P.C t o provide them the privilege of pre-arrest bail. The aforesaid case has been registered on the basis of complaint lodged by one A nita Roy, wife of Joy Dev Roy. In the FIR, she has alleged that the petitioners started ill-treatment to her for her inability to pay Rs. 50,000/- as dowry bo th mentally and physically and ultimately on 17.03.2011 she has been mercilessly beaten. As a result she has sustained fracture in one of her legs. It is also a lleged that despite receipt of fracture, the petitioners being her in-laws have not taken any care. She has to take shelter at her father’s residence. Mr. Bhuyan, learned counsel for the petitioners in support of the application c ontends that the allegations as projected in the first information report do no t have any basis and all are fictitious and frivolous. Materials available in t he case diary are carefully perused including the statement of the witnesses rec orded under section 161 of the Cr.P.C.. The statements of the witnesses and othe r attending materials and facts give rise to an impression that the petitioners ill-treated the informant wife both mentally and physically on account of her fa ilure to satisfy their dowry demand. In view of the materials available in the c ase diary, I do not propose to accept the prayer of the petitioners. Accordingly, the bail application stands dismissed.