AB 1494/2011 BEFORE HON’BLE MR JUSTICE P.K.MUSAHARY Heard Mr. R.P.Sarmah, learned counsel appearing for the accused-petitioner, Ms. M.S.Sundi, learned counsel for the informant as well as Mr. K.Munir, learned Ad dl. P.P.Assam. The accused/petitioner has been implicated in Jamuguri P.S.Case No. 46/2 011 U/s. 376(F) IPC, corresponding to G.R.Case No. 978/2011. He is apprehending arrest in connection with the said case and has filed this application seeking pre-arrest bail. I have gone through the case diary as produced by the learned Addl. P.P. Assam , as well as the statement of the victim girl recorded U/s. 164 CrPC. I ha ve also carefully gone through the medical report prepared by the Medical Offic er after examining the victim girl. According to the Medical Officer, the victim girl is below 18 years, but it is not stated whether she is above 16 years or b elow 16 years. She may be in between above 16 years and below 18 years, it means that she may be 17 years old also. Although there is an allegation of repeated rape on the victim gilrl, the doctor has found no mark of injury on her person, particularly private parts. Doctor also clearly opined that there is no sign or symptom of recent sexual intercourse. As per her statement U/s. 164 CrPC, she r esisted hard against the force used by the accused/petitioner. If it is so, sh e would have received some injuries on her person but as per medical report, th ere is not even a scratch on her body. She also has not stated that she cried f or help against the forceful action of the accused. The accused petitioner is se rving as a teacher and living with his family members. He being a permanent resi dent of the locality, there is no chance of absconding and/or jumping the bail, if the same is granted to him. Accordingly, I direct that in the event of arrest of the accused/petitio ner, Sri Rajen Newar in connecstion with Jamuguri P.S.Case No. 46/2011 U/s 376( F) of IPC, corresponding to G.R.Case No. 978/2011, he shall be released on bail of RS. 25,000/- with two local sureties of the like amount to the satisfaction of the arresting authority in connection with the aforesaid case on condition t hat he shall appear before the I.O. concerned within 5 days from today for inter rogation and recording his statement in accordance with law. He shall also appea r before the I.O. once in a week for 3(three) months from today and cooperate wi th the investigation. The bail application is allowed and disposed of.