Judgment · High Court

Heard Mr. S. Ahmed, learned counsel appearing for the petitioners. Also heard Ms . B. Saikia, learned Addl. P.P., Assam. Perused the case diary. By this application filed under Section 438 Cr.P.C. the petitioners, namely, (1) Md. Fazal Sheikh @ Mozammel & (2) Shahanur Islam Sheikh have prayed for pre-arr est bail in connection with South Salmara P.S. Case No. 35/2013 U/s 366(A)/34 IP C. The allegation made against the petitioner is that the petitioner No. 1 kidnappe d the minor daughter of the informant. From the case diary it appears that the s tatement of the victim girl has been recorded. In her statement she has stated t hat she had love affairs with the petitioner No. 1 and she eloped with him at he r own will. It has also been stated that the marriage between the petitioner No. 1 and the said victim girl has been performed and that they are living as husba nd and wife. From the case diary it is found that the victim girl refused to und ergo medical examination for ascertaining her age, etc. In view of the above, considering entire aspect of the matter and the evidence s o far collected by the investigating officer, I find no necessity for custodial interrogation of the petitioner. Accordingly, the interim order dated 23.04.2013 is made absolute, subject to condition that the petitioner shall appear before the Investigating Officer as and when so required. Return the case-diary. The bail application is disposed of.