DITUMONI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application under Section 438 of the Code of Criminal Procedure, 1973, has been filed by the accused, namely, Ditumoni Hazarika seeking pre- arrest bail apprehending his arrest in connection with Narayanpur PS Case No. 45 of 2013 (GR No. 425 of 2013) under Section 366(A) of the Indian Penal Code.

(2.) Heard Mr. FKR Ahmed, learned counsel for the petitioner as well as Mr. B B Gogoi, learned Additional Public Prosecutor for the State of Assam. I have also perused the FIR, victim's statement given under Section 164 Cr.P.C. and the other documents, regarding age of the victim girl, annexed with the bail application.

(3.) The FIR was lodged on 24.3.2013 by the father of the victim girl alleging that his 17 year old daughter was kidnapped by the accused. The name of kidnapper came to the knowledge of the father in the morning and within hours the FIR was lodged.