JYOTISH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam.

(2.) By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Shri Jyotish Choudhury has prayed for pre-arrest bail, apprehending his arrest, in connection with Patacharkuchi Police Station Case no. 201/2020, registered under Sections 376/420/506, Indian Penal Code (IPC).

(3.) The learned Additional Public Prosecutor has produced the case diary. The informant has lodged the First Information Report (FIR) on 29.04.2020, stating, inter-alia, that the accused-petitioner was known to her. At the invitation of the accused- petitioner, the informant on 18.03.2020 met him and thereafter, they have gone to a dhaba named Ganesh Dhaba, Barama. It is alleged that in the said dhaba, the accused-petitioner had committed sexual act with her against her will. Later on, on 22.04.2020, the informant suffered from excessive stomach pain and she had to be admitted in the Pathsala Civil Hospital. Upon examination, she was referred to the Gauhati Medical College Hospital on 22.04.2020 wherein it was found that the informant was pregnant. Because of the nature of complicacy, an operation had to be carried out on her and the pregnancy had to be terminated.