RAFED ALI AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. R. Saikia, the learned counsel for the petitioner and Mr. B. Kaushik, the learned Standing Counsel, Elementary Education Department for the respondent Nos.1 to 4.

(2.) The case of the petitioner herein is that the petitioner is the Head Teacher and was posted to 1554 Non Sandrapara LP School, Assam. On 13/9/2022, one Siddik Ali lodged an FIR before the Officer-in-Charge of Sukchar Police Station alleging that on 8/9/2022, at about 9.30 PM, the petitioner had kidnapped his minor daughter, namely, Smt. Moushumi Khushbu and forcefully detained her in an unknown place and he doubted that the petitioner had sexually molested the girl and sold her outside the State. Upon receiving the said FIR, a police case was registered being Sukchar P.S. Case No. 152/2022, under Ss. 457/363/368/376 (3) IPC read with Sec. 6 of the POCSO Act. Thereupon, on 14/9/2022, the petitioner was arrested in connection with the aforesaid case.

(3.) It appears from the records that the petitioner filed a bail application before this Court which was registered and numbered as Bail Application No.2906/2022, and this Court, vide an order dtd. 7/12/2022 taking into account that the petitioner was behind the bars for 84 days and the victim has refused medical examination and the petitioner got married with the victim, granted bail to the petitioner.