AB 1484/2011 BEFORE HON’BLE MR. JUSTICE B.D. AGARWAL This application under Section 438 Cr. P.C. has been filed by the accused, Shri Sujit Das @ Shyam, seeking privilege of pre-arrest bail apprehending his arrest in connection with Nagaon P.S. Case No. 639 of 2011 under Sections 376/420 IPC. Heard Mr. A. Choudhury, learned counsel for the petitioner and Mr. B.S. Sinha, l earned Addl. P.P. for the State respondent. I have perused the case dairy. The prosecution case is that the informant’s daughter was engaged by the accused -petitioner as domestic help. However, the accused did not pay her salary regula rly. The other allegation is that on 21.04.2011 the accused-petitioner subjected the victim girl to forcibly sexual intercourse in his private vehicle and after committing this offence, the victim girl was returned to the informant. Shri Choudhury submitted that a false FIR has been lodged with exaggerated alleg ations. According to the learned counsel, the petitioner is a Branch Manager of Private Company and he engaged the victim as his domestic help and her mother st arted demanding heavy amount in the form of blackmailing the accused. Thereafter , the accused Filed FIR to the Police Station. However, the said FIR was kept pe nding at the police station and the case of rape has been registered. As noted earlier, the incident took place on 21.4.2011 whereas the FIR was lodge d on 2.5.2011 and there is no explanation for such delay. On the other hand the victim girl in her statement, made under Section 164 Cr. P .C., has stated that she had been subjected to sexual intercourse twice on 19.04 .2011 and even thereafter the sexual intercourse was repeated in presence of the wife of the accused. In this way, there appears to be contradiction in the FIR and the Statement. The above apart, the medical opinion does not support sexual harassment on the v ictim girl. Having regard to all aspect of the matter, the I.O. is directed to release the a ccused-petitioner on bail of Rs. 10,000/- with one surety of like amount to the satisfaction of the arresting authority in connection with the aforesaid case. The petitioner is directed to appear before the I.O. within a week from today.