AB 3556/2011 BEFORE HON’BLE MR. JUSTICE UB SAHA The instant application is filed by the petitioner Sri Kameswar Tanti @ Kameswar Gon under Section 438 CrPC for granting him pre-arrest bail in connection with Jorhat P.S. Case No. 259/2011 under Section 366(A) IPC. Heard Mr. BK Das, learned counsel for the petitioner who submits that the victim girls Is not a minor, rather a major which will be evident from the transfer/le aving certificate issued by the In-charge, Headmistress of Dhekial Girls’ High S chool and had consented to stay with him as his wife. Therefore, no case under S ection 366 (A) is made out. Mr. BS Sinha, learned Addl. PP for the State while objecting to the prayer for b ail would contend that the victim girl is not yet recovered and she is a minor a s appears from the case records. Therefore, it would not be proper for this Cour t to granted bail. He further submits that in support of the contention of the p etitioner, the petitioner did not annex any 164 Statement of the victim girl to show that she herself decided to stay with the petitioner. Therefore, it would b e proper for this Court to reject the prayer for bail. Considering the facts and circumstances of the case, the prayer for bail is reje cted. Bail application stands disposed of.