AB 2275/2011 BEFORE HON’BLE MR. JUSTICE P K MUSAHARY Heard Mr.S.Huda, learned counsel for the accused-petitioner. Also heard Mr. K.M unir, learned Addl.Public Prosecutor, Assam. Apprehending arrest in connection with Jagiroad P.S.Case No.94 of 2011 u/s 376 I PC, the petitioner has filed this application. I have perused the connected case diary as produced by the learned Public Prosec utor, Assam. The accused petitioner is serving as SDM & HO and posted at Jharg aon BPHC, Jhargaon, Marigaon. The informant victim woman is serving as a Nurse in the said Hospital. The statement of the victim woman has been recorded under Section 164 Cr.P.C. and she was also medically examined. I have also gone throug h the statements of the victim woman u/s 164 Cr.P.C. wherein she has stated that she was ravished by the accused petitioner in the duty room in the night time w hile she was on duty. But from the aforesaid statement it does not reflect that when she was taken to the place of occurrence she cried for help or resisted the accused petitioner. But, she stated that after being ravished, she assaulted on the penis of the accused by using a blade. I have also gone through the med ical report. The medical report says that there is no sign of rape. It is stated that the accused petitioner is a diabetic patient and he is undergo ing treatment in the Gauhati Medical College & Hospital since 23.7.2011. Considering the aforesaid materials, particularly the medical report that there is no sign of rape. I am inclined to grant the privilege of pre-arrest bail to the accused petitioner. Accordingly, it is directed that in the event of arrest of the accused petitioner, Dr.Atul Chandra Pator, in connection with the aforesa id P.S.Case, he shall be released on bail on furnishing bail bond of Rs.30,000/- with one local surety of the like amount to the satisfaction of the arresting authority subject to condition u/s 438(2) Cr.P.C. The petitioner shall appear before the IO concerned within 10(ten) days from tod ay for recording his statements. With the aforesaid directions this anticipatory bail application stands disposed of.