AB 514/2011 BEFORE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. B.K. Mahajan, learned counsel for the accused/petitioner as we ll as Mr. Gogoi, learned Addl. P.P., Assam. This is an application made under section 438, Cr.P.C. seeking pre-arre st bail by the accused/petitioner, namely Shri Kirpa Pertin, in connection with Tinsukia P.S. Case No. 30/2011 under Section 376 IPC. Perused the case diary. In the opinion of the Doctor who examined the victim girl at the time of the incident, she was aged above 22 years. The said Doctor found no sign of rec ent forceful sexual assault although the hymen was found raptured. Admittedly, t he victim girl was a student of Nursing Technology pursuing the course of Nursin g at Tinsukia at the time of the alleged incident. Thus it is accepted that the victim girl was above 16 years and she was not a minor. From the medical report the allegation of rape is found to be not accept able unless the same is proved in the trial Court. Thus from the material placed before this court, it is a fit case for granting bail to the accused petitioner . Accordingly, it is here by provided that in the event of arrest of the a ccused/petitioner, he shall be enlarged on pre-arrest bail on furnishing of Bail Bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the arresting authority, on condition that he shall fully cooperate with the inv estigating agency and appear before the I.O. as well as the learned trial court as and when required. The bail application stands disposed of.