AB 983/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ners namely, (1). Dewan Abul Kalam @ Abdul Kalam, (2) Sonar Uddin and (3) Alim U ddin praying for bail, apprehending their arrest, in connection with Baghbor PS Case No. 23/11( GR Case No. 462/11) under Sections 366(A)/34 IPC. Heard Mr. AR Sikdar, learned counsel for the petitioners and Mr. BS Sinha, learned Addl. PP, Assam. Perused the case diary. The prosecution case is that the petitioners had kidnapped 17 y ear old daughter of the informant. According to the learned counsel for the petitioner, the victim girl had a affair with the petitioner No.1 Dewan Abul Kalam @ Abdul Kalam and as such she has voluntarily eloped with the said petitioner. Learned counsel for t he petitioner further submitted that after filing of the FIR, the victim girl ha d already married with the petitioner No.1. However, there is no evidence about the marriage before the I.O. On the other hand, some of the witnesses have state d that the victim girl was forcibly kidnapped by the petitioner No.1. Hence the prayer for bail of the petitioner No.1 stands rejected. However, there is no direct implications of the petitioners No. 2 and 3 in the aforesaid offence. Accordingly, the prayer for bail of the petiti oners No.2 and 3 is accepted. The I.O. is directed to release the petitioners No . 2 and 3 namely, Sonar Uddin and Alim Uddin respectively, in the event of their arrest, in connection with the aforesaid PS case on furnishing bail bond of Rs. 10,000/- each with one local surety for the like amount each to his satisfactio n and the petitioners No.2 and 3 are directed to appear before the I.O. within t wo weeks from to-day and shall co-operate with the investigation. Liberty is also granted to the petitioner No.1 to file fresh app lication for anticipatory bail before the learned Sessions Judge, Barpeta and if such application is filed, the learned Sessions Judge shall direct the I.O. to record fresh statement of the victim girl and consider the bail prayer according ly. With the aforesaid direction, this bail application stands dispo sed of.