This order addresses an application for pre-arrest bail under Section 438 CrPC in a case involving voluntary elopement under Section 366 IPC. The court allowed bail considering the victim's statement and finding that custodial detention was not warranted.
Petitioner allowed to go on pre-arrest bail of Rs.10,000/- with one surety of like amount.
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GAHC010039222022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/623/2022
JANNATUL ISLAM S/O MAKBUL HUSSAIN VILL- NO. 3 ISLAMPUR BLOCK, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
05.05.2022
By filing this petition under Section 438 of the CrPC, the petitioner, namelyJannatul Islam has sought for pre-arrest bail, in the event of arrest, in connection
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with Bihpuria P.S. Case No.12/2022 registered under Section 366 IPC.
Heard both sides. Perused the case diary that has been produced.
The victim girl has been recovered. In her statement she has stated that out of love and affection, she eloped with the accused petitioner voluntarily and stayed with him for several days but not on inducement, threat or coercion.
In the given circumstances, it appears that custodial detention of the accused person is not warranted. Accordingly, the petitioner named above is allowed to go on pre-arrest bail of Rs.10,000/-, with one surety of like amount, in the event of his arrest by the arresting officer in connection with the aforesaid case, with further direction to the petitioner to appear before the I/O within 10(ten) days from today and he shall co-operate with the investigation of the case.
The application for bail stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused in a case registered under Section 366 IPC.
2 provisions across 2 enactments
JANNATUL ISLAM
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
