AB 592/2011 BEFORE THE HON’BLE MR JUSTICE C.R.SARMA Heard Mr DP Bora, learned counsel for petitioner. Also, heard Mr B.S.Singha, lea rned Additional PP. This is an application filed under Section 438 of code of criminal proce dure seeking pre-arrest bail in favour of the petitioner namely Md Nurul Hussain in connection with Charaipong PS Case No.2/2011 under Sections 420/376/ 506 of Indian penal code (corresponding to CR No.5/11). In the FIR lodged by the mother of the victim girl, it was alleged that her daughter had been subjected to sexual harassment by the petitioner. This ver sion was supported by the victim girl in her statement made under Section 164 of code of criminal procedure. Subsequently, the victim had submitted an affidavit indicating that the petitioner was in no way connected with the alleged offence and that she had falsely made the statement implicating the petitioner at the b ehest of her mother and some other persons. In order to ascertain the correctnes s of the said statement made in the affidavit as aforesaid, the learned Chief Ju dicial Magistrate, Sivasagar, was directed to cause an enquiry into the matter a nd submit a report. Learned CJM, Sivasagar, in turn, had directed the learned Su b-divisional Judicial Magistrate(M), Charaideo/Sonari, to enquire into the matte r and submit a report. Accordingly, the learned SDJM has submitted the report as directed, which is marked as annexure X to this bail application. The learned SDJM, during the course of enquiry, had again examined the v ictim. The victim girl has stated that she got married to one Ramu Mura, through whom she became pregnant and that the petitioner did not commit rape on her. Th e victim girl further stated that she had falsely made such statement against th e petitioner at the behest of her mother and some other persons. In view of above and considering the entire aspect of the matter, I am o f the opinion that release of the petitioner on pre-arrest bail will not adverse ly affect the investigation in any manner. Accordingly, interim order dated 8th March 2011 is made absolute. The bail application is accordingly disposed of.