MD. KAMAL KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel Mr. Z. Hussain appearing for the petitioner. Also heard Mr. H. Sarma, the learned Addl. P.P. for the State of Assam.

(2.) The petitioner Md. Kamal Khan @ Babu has prayed for anticipatory bail under Section 438 of the Cr.P.C. in the matter of All Women P.S. Case No. 51 of 2010. 10 years ago a girl from Sivasagar eloped from Sivasagar to Guwahati and she stayed in a lodge namely, Kamakhya Lodge at Maligaon, Guwahati. After staying with the girl for one day the petitioner deserted her. After that his mother and sister arrived at the lodge and they beat the girl.

(3.) Thereafter on 22.04.2010 the said girl had lodged an FIR before police narrating the aforesaid facts and also alleged that on a promise of marriage the petitioner had committed rape upon her.