BIREN BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Sri Biren Borah has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Pulibar Police Station Case No. 423/2021 registered for offences punishable under Ss. 376/506/511, Indian Penal Code.

(3.) The informant has lodged the FIR on 29/8/2021 wherein she has mentioned about two incidents. She has mentioned that on 29/8/2021, the mother and the wife of the petitioner had created a chaotic situation in the informant's house and as a result, the reputation of the informant's family has been damaged. The informant has also mentioned about an earlier incident stated to have occurred in the month of July, 2021. She has alleged that the petitioner had attempted to commit rape on her in the absence of her husband in the house. Though she had disclosed the said incident to her husband, both of them had remained silent and did not disclose the incident to the police in the fear of losing their reputation.