AB 2205/2011 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY Heard Mr. H.Sarma, learned counsel for the petitioner. Also heard Mr.B.B.Gogo i, learned Addl.Public Prosecutor, Assam. Case diary has already been produced o n earlier occasion but the medical report to ascertain the age of the victim gir l has not been produced. I have perused the case diary. Also I have perused th e FIR wherein it has been alleged that the accused petitioner on promise to marr y the victim girl took away from her residence and co-habited at several places on several occasions without taking her to the house of the accused and thereaf ter he disappeared. From the statements made in the FIR, it is found clear that the victim girl volu ntarily accompanied the accused person and enjoyed sex with him. The victim girl made statements u/s 164 Cr.P.C. before the SDJM, Dhakuakhana on 1.6.2011, wher ein she has recorded her age as 21 years as on 1.6.2011. There is no ingredient of offence u/s 376 IPC. In view of the above, it is directed that in the event of arrest of the petitio ner, Sri Arup Saikia , in connection with Ghilamara P.S.Case No.42/2011 u/s 376/ 493 IPC, he shall be released on bail on furnishing bail bond of Rs.15,000/- wi th one local surety of the like amount to the satisfaction of the arresting auth ority on conditions u/s 438 (2) Cr.P.C . With the aforesaid directions bail application stands disposed of.