KON URANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the petitions are taken together for disposal by way of this common order as it arose out of the same facts.

(2.) Heard Ms. M. Dev, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam for and on behalf of the State respondent No.1 and Mr. J. Abbas, learned counsel for and on behalf of the respondent No.2.

(3.) The case in brief is that on 02.02.2017, one Smti Anushmita Sarma, aged about 26 years went out to participate in a party in a school but she did not return home and her mobile phone was found switched off. In the evening the father of the girl received a call back from another phone of an unknown person who informed that their daughter is with him. Apprehending some foul play, the father of the said girl lodged an FIR on 02.02.2017, about the missing his daughter which was registered as the Sonapur P.S. Case No.32/2017, under Section 366 of the IPC. Pursuant to the said case, the accused/petitioner was arrested and subsequently released on bail and thereafter the said Anushmita Sarma again eloped with the present petitioner during pendency of the earlier case. Hence the brother of the girl lodged another FIR on 23.02.2017 with the allegation that the accused/petitioner has eloped his sister. Pursuant to the above FIR, another case was registered vide Sonapur P.S. Case No.57/2017, under Section 366 of the IPC. On the basis of the said FIR, the accused/ petitioner was again arrested but the learned concerned Court of Addl. Sessions Judge, Kamrup (M), taking note of the statement of the victim girl that she has love affairs with the accused and also married him, has allowed the accused/ petitioner to go on bail, by its order dated 09.03.2017. In the meantime, the girl chose to stay in the house of her parents and both the cases are still pending at the investigation stage.