The Gauhati High Court rejected an application for anticipatory bail under Section 438 Cr.P.C. The court relied on the victim's statement under Section 164 Cr.P.C., which implicated the petitioner in committing sexual intercourse with a minor against her will.
Application for anticipatory bail rejected; prayer stands dismissed.
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GAHC010148522021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2841/2021
AKTARUL ISLAM @ AKTARUL HUSSAIN S/O MD. RAFIKUL ISLAM
R/O VILL- NO. 2 ISLAMPUR BLOCK, P.S. LALUK, DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR M HOQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-11-2021
Heard Mr. M Hoque, learned counsel for the petitioner. Also heard Mr. RR Kaushik, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-
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arrest bail of the petitioner, namely, Md. Aktarul Islam @ Aktarul Hussain, in connection with Laluk PS Case No. 138/2021 registered under Section 376 of the IPC read with Section 67(A) of the IT Act.
Perused the case dairy produced before this Court, including the statement of the victim recorded under Section 164 of the Cr.PC.
In her such statement, the victim has categorically implicated the accusedpetitioner with the commission of sexual intercourse with her inspite of resistance by her. The victim is a minor is an admitted position as appears from the materials on record, her year of birth being 2005.
In view of the materials in the case diary, the prayer for pre-arrest bail of the petitioner stands rejected.
Return the case dairy. The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving sexual assault on a minor.
Whether the incriminating statement recorded under Section 164 Cr.P.C. justifies rejection of anticipatory bail.
4 provisions across 3 enactments
Aktarul Islam @ Actsarul Hussain
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
