AB 2594/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. P. Bora, learned counsel for the petitioner and Mr. B.B. Gogoi, learne d Addl. P.P for the State of Assam. The petitioner herein, namely, Sri Gunin Saikia apprehending his arrest in conne ction with Rohmaria P.S Case No. 9 of 2011 registered under Section 376 IPC has approached this court by filing this petition under Section 438 Cr. PC praying p rivilege of pre arrest bail to him. The aforesaid case came to be registered on the basis of information lodged on 2 9-07-2011 by one Smt. Junmoni Saikia, wherein it has been alleged that the petit ioner herein had forcibly raped her on 28-07-2011 at about 5.30 am. It is also i ndicated in the First Information Report that the incident had been witnessed by her mother. After the incident the petitioner herein promised to marry her but subsequently he absconded. In the face of the allegations made against the petitioner we are constrained to consider the materials available in the case diary including the statement reco rded under Section 161 Cr.P.C by the Investigating Officer as well as the statem ent recorded under Section 164 Cr.PC of the victim as well as her mother by the Magistrate. The statements under Section 164 Cr. PC so far recorded by the Magis trate of the victim as well as her mother cannot justify grant of privilege of p re arrest bail to the petitioner. This court finds no force in the submissions a dvanced by Mr. P. Bora, learned counsel for the petitioner in view of the statem ent of the girl as well as her mother. This petition accordingly stands dismissed.