BARPETA ASSAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) APPARENTLY, the allegations made in the FIR in this case are very common but it has raised a legal issue about the procedure to be followed by the Judicial Magistrates for recording statements of victim girls, who are allegedly minor and juvenile and victim of kidnapping, sexual abuse and child marriage.

(2.) BY this application under Section 438 Code of Criminal Procedure, 1973, the accused Wajid Ali is seeking the privilege of pre-arrest bail apprehending his arrest in connection with Barpeta Police Station Case No.428 of 2012, (GR No. 767 of 2012) under Sections 366(A)/342/34 IPC.

(3.) THE FIR was lodged by one Sri Nazrul Alam Sikdar on 10.4.2012 alleging that on 7.4.2012, his 12 years old daughter was kidnapped by the petitioner Wajid Ali and she might have been sold out with bad elements. Along with the petitioner, his father and few other persons have been named as accused persons. However, only the prime accused is before me, seeking pre-arrest bail.