AB/3657/2011 of MD. KANU KHAN and ANR. Vs THE STATE OF ASSAM on 31 December 2016

AB 3657/2011BEFORETHE HON’BLE MR. JUSTICE C.R. SARMA

Heard Mr. A.R. Bhuiya, learned counsel appearing for the petitioners. Also heardMr. B.S. Sinha, learned Addl. Public Prosecutor appearing for the State.By this application filed under Section 438 Cr.P.C., the petitioners, namely, Md. Kanu Khan and Goma Khan have prayed for pre-arrest bail in connection with Tarabari P.S. Case No. 147 of 2011 under Sections 366(A)/34 IPC.The case diary be produced on 09-12-11, on which date, this matter shall be listed.

The allegation made in the FIR is that one Mr. Aminul Khan had kidnapped the minor daughter of the informant and that the petitioner No, 1 and the petitioner No. 2 informed him that the said Aminul Khan had taken away the girl. The learned counsel has submitted that the girl has eloped with Aminul Khan who is son of the present petitioner No. 1. The learned counsel has also submitted that the petitioners would be able to lead the police to recover the abducted girl.

In view of the above, considering entire aspect of the matter, in the interim, it is directed that in the event of arrest of the petitioners in connection with the above mentioned PS case, the arresting authority shall release them on pre-arrest bail of Rs. 20,000/- (rupees twenty thousand) each only with one surety each of the like amount to the satisfaction of the arresting authority subject to condition that they shall appear before the Investigating officer within five days from this date and shall extend all necessary co-operation in recovering theabducted girl. It is provided that in the event of recovery of the abducted girl, the Investigating Officer shall take steps to get the statement of the victimgirl recorded under Section 161 and 164 CrP.C. and thereafter submit the case diary along with the statements of the victim girl.