GUMUR LAHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Sec. 438 of the CrPC, petitioner Gumur Lahari has sought for pre-arrest bail in connection with Abhayapuri P.S. Case No.1038/2021 (corresponding to N.G.R. Case No.1624/2021), under Sec. 365 of the IPC.

(2.) Heard learned counsel for both sides and perused the record and the case diary. Although the informant has alleged that his sister, aged 17 years, has been kidnapped by the accused/petitioner but the said girl has now been recovered, who in her statement under Sec. 164 CrPC has categorically stated that out of love and affection with the accused/petitioner from several years back, she has eloped with the petitioner at her own will, without informing her guardian. The victim girl is at the verge of majority and she has willingly gone to the accused/petitioner.

(3.) That being so, the custodial interrogation of the accused/petitioner named above can be dispensed with. Accordingly the accused/petitioner is allowed to go on pre-arrest bail of Rs.10,000.00, with one surety of like amount, in the event of his arrest by the arresting officer in connection with Abhayapuri P.S. Case No.1038/2021, with further direction to the petitioner to appear before the I.O., within ten days from today and he shall cooperate with investigation of the case.