AB 3455/2011 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. Phukan, the learned counsel for the petitioners as well as Mr. BS Sinha, learned Public Prosecutor, Assam for the respondents. The petitioners Md. Samsul Ali and Md. Hibzur Ali @ Pili Ali by this petition ar e seeking the privilege of pre arrest bail under Section 438 Cr.P.C. apprehendin g arrest in connection with Morigaon PS Case No. 206/2011 registered under Secti on 366(A)/34 IPC, which police station case was registered on the basis of the F IR lodged by the mother of the victim on 12.10.2011, alleging that her minor dau ghter has been kidnapped by the accused No. 1 Sonu Ali with the active assistanc e of the present petitioners. The 164 Cr.P.C. statement of the victim girl recorded by the learned Magistrate also reveals leveling allegation, apart from Sonu Ali, against others alleging c ommission of offence punishable under Section 376 IPC. Having regard to the nature of allegations made, I am of the view that it is not a fit case where the privilege of pre arrest bail is to be granted to the petit ioners. If the pre arrest bail is granted it would definitely hamper the investi gation. Hence the prayer for pre arrest bail stands rejected. The petitioners, however, may surrender and seek regular bail if so advised. The pre arrest bail application stands dismissed.