AB 1139/2011 BEFORE HON’BLE MR JUSTICE B.D. AGARWAL By this application filed under Section 438 of the Cr. P.C , the petitioner, Md. Abbas Ali has been praying for pre-arrest bail in connection with Rupahihat P. S. Case No. 104 of 2011 under Sections 366(A)/34 of the IPC. Heard Mr. D.C. K. Hazarika, learned counsel for the accused and Mr. K. Munir, le arned Addl. P.P. for the State respondent. Also perused the case diary. Apparently, the victim is a minor girl and she has not been normally recovered b y the I.O. Hence, pre- arrest bail prayer is rejected. Accordingly, Anticipatory Bail application stands dismissed. However, liberty is given to the petitioner to file fresh application for pre-ar rest bail either before the concerned Sessions Court or before this Court after the victim girl is produced before the I.O. and her statement is recorded under Section 164 Cr. P.C.