BIDYA HATIBORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. D. Das, learned counsel for the petitioner and Mr. K.K. Parasar, 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. Shri Bidya Hatiboruah has prayed for pre-arrest bail, apprehending his arrest, in connection with Dhakuakhana Police Station Case no. 208/2021, registered under Ss. 457/376, Indian Penal Code [IPC].

(3.) In the First Information Report [FIR], the informant has alleged that the petitioner has been harassing her physically and mentally since the year 2014. The informant has alleged that at around 7-00 p.m. on 29/7/2021, the petitioner had entered the bed room of the informant and pushed her in the bed and thereafter, sexually assaulted her. When the informant shouted, the parents rushed to her room and the petitioner fled away from the room leaving his bicycle in the house of the informant.