AB 1849/2011 BEFORE THE HON’BLE MR. JUSTICE H. BARUAH Heard Mr. N. Ahmed, learned counsel appearing for the petitioner as well as Mr. K. Munir, learned P.P. appearing for the State of Assam. The petitioner is the complainant/informant of Nalbari P.S. Case No.457/ 2010. The offences indicated in the complaint/first information report were alle ged to have been committed on 21.9.2010. Taking care of the first information r eport lodged by the petitioner as against Md. Saifo Ali, Md. Tapser Ali and Md. Chanbar Ali, all brothers of the first informant of the present case, it is subm itted by Mr. N. Ahmed, learned counsel for the petitioner that first informant M iss Bina Begum being the sister of the accused persons of Nalbari P.S. Case No.4 57/2010, the protest case being filed against him on grudge that he tried to com mit rape on her on the night of 21.9.2010 at about 8 p.m. The complaint having b een lodged before the Chief Judicial Magistrate, Nalbari by Miss Bina Begum and the same having been forwarded to the Officer-in-Charge of Nalbari P.S. Case, th e same was registered as Nalbari P.S. Case No.477/2010. During the investigation of the case, the I.O. produced the victim Miss Bina Begum before the Magistrate for recording her statement under Section 164 C rPC. On production her statement was recorded. This Court finds no inconsistency . In her statement, she stated that the petitioner tried to commit rape on her b y entering into her house while she was alone. There is no allegation that she had been raped by the petitioner. Taking note of all the matters in its entirety, this Court finds no grou nd to provide privilege of pre-arrest bail to the petitioner. The interim order provided vide order dated 27.6.2011 stands vacated. The petitioner however, would be at liberty to approach before the learn ed CJM concerned for regular bail. The bail application stands dismissed and disposed of.