attempt to take him into custody, a gang of persons gathered there and obstructed the police party. This is the subject matter of this crime. The complaint made by the constable does not show that he was assaulted by the petitioner herein. His allegation is that he was assaulted by the petitioner's husband, who is the 1st accused in the crime. As against the petitioner herein, definite allegation of assault is not there in the complaint made by the defacto complainant. His complaints are against the 1st accused and the other persons who supported him and rescued him from police custody. In the above factual situation, I feel it appropriate to grant prearrest bail to the petitioner. There is nothing to show that the victim had sustained any serious injury in the alleged incident. It appears that Section 308 IPC was incorporated by the police in the FIR on the basis of some hypothetical statements. Anyway, on a perusal of the case diary, I find that investigation is practically over, and without her interrogation in custody, the required materials as against her can be collected by the police.
