AB 2024/2011 BEFORE THE HON’BLE MR JUSTICE AC UPADHYAY . This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail on behalf of the petitioner, namely, Syed Moobarok Hussain, in connection with Fata sil Ambari P.S. Case No. 257/2011 under Sections 366 IPC. Heard Mr. J. Islam, learned counsel appearing for the petitioner and Mr. B.S.Sinha, learned Addl. P.P. for the State of Assam. Perused the case diary and the materials on record. On the last occasion, this Court directed the petitioner to produce the victim before the I/O for purpose of recording her statement under Section 164 o f Cr.P.C. Learned counsel for the petitioner has produced the certified copy of the statement of the victim recorded under Section 164 Cr.P.C., wherein the vic tim has categorically stated that she eloped with the accused-petitioner on her own volition and got married with the accused. The victim further stated that s he would like to stay with her husband. In view of the above, considering the facts and circumstances of the cas e leading to filing of the Ejahar and further considering statement of the victi m recorded under Section 164 Cr.P.C., the prayer for granting pre-arrest bail in favour of the petitioner is allowed. Accordingly, it is provided that in the e vent of arrest of the petitioner, namely, Syed Moobarok Hussain, in connection w ith the case aforementioned, he shall be released on bail on his furnishing a bo nd of Rs.10,000/- with one local surety of the like amount to the satisfaction o f the arresting authority, on condition that he shall cooperate with the investi gating agency and shall make himself available to the I/O of the case as and whe n required. The bail application is disposed of in terms of the above directions.