NETRA KAMAL GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under Section 438 CrPC, petitioner, namely, Netra Kamal Goswami, has sought for pre-arrest bail in the event of his arrest in connection with Satgaon PS Case No. 180/2019, under Sections 420/376/493 IPC.

(2.) Heard the learned counsel for both the sides. Also perused the record and the Case Diary.

(3.) As it transpires from the materials in the Case Diary, including the FIR that the accused petitioner induced the informant to have physical relationship with a promise to marry her since last 7 years and she also conceived on two occasions, but the accused persons under different pretexts aborted the child and while on the last occasion when she conceived he assured her to marry, but thereafter he fled away avoiding the obligation in the meantime, the victim gave birth to a child. Now, she is helpless with the child because of the conduct of the present petitioner. Although in the circumstances, the offence under Section 376 IPC may not come into play, but still yet, the offence of Section 420 IPC is attracted.