AB 3653/2011 BEFORE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. H. Ali for the accused petitioner. Also heard Mr. B.S. Sinha, learned Additional P.P., Assam. The accused petitioner is apprehending arrest in connection with Gorchuk P.S. Case No. 78/2011 registered u/s 366(A) IPC. As per the FIR, the allegation is that the petitioner’s daught er Miss Salima Begum was missing since 16.3.2011. It has been alleged in the FIR that the present accused petitioner kidnapped her. I have perused the case diary produced by the learned Additiona l P.P. The statement of the victim girl has been recorded under Sectio n 164 CrPC, wherein she has stated that she is aged 14 years as on 21.3.2011. I t means that the victim girl was not major at the time of alleged occurrence as well as at the time of making the statement. It has been persuaded by the learned counsel for the petitioner that the victim girl has been recovered by her parents and there was love affair s between the accused and the victim girl eloped with the accused petitioner on mutual consent, and as such, the accused petitioner may be granted pre-arrest ba il. I am not ready to accept the aforesaid submission, inasmuch as the vic tim girl is admittedly below 16 years of age at the time of the alleged incident . As the victim girl was below 16 years, she is not in the age of consent and he r consent is not material. In view of the above, this bail petition is rejected. The accused petitioner is given liberty to surrender before the learned CJM, Kamrup, Guwahati within a period of 10 (ten) days from today. During this period of 10 (ten) days, in the event of arrest of his arrest in connection with the aforesaid case, he may be allowed to go on bail furnishing a bail bond of R s. 10,000/- with one local surety of like amount to the satisfaction of the arre sting authority. If the accused petitioner makes application for regular bail, same may be consi dered and disposed of in accordance with law. Bail application stands disposed of.