AB 2968/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner Md. Safiqul Islam praying for bail, apprehending his arrest, in connection w ith Sukchar PS Case No.51/11 U/S 366(A)/34 IPC. Heard Mr. H. Deka, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. PP, Assam. Perused the case diary. The prosecution case is that the petitioner has kidnapped a 15 y ear old minor girl. Learned counsel for the petitioner admitted the fact that th e victim is in his custody and they have married by way of executing an agreemen t. At this stage, the marriage agreement cannot be taken into consi deration. Since the victim girl is in the custody of the petitioner, he is directed to allow the victim girl to appear before the I.O. within five days fr om to-day. On such appearance, the Investigating Officer shall record her statem ent and also get the victim girl medically examined. Thereafter the victim girl shall be produced before the learned Judicial Magistrate who shall record her st atement giving sufficient time for reflection and also ensure that any such stat ement is not given under the influence or duress of any persons. At this stage, I am not inclined to accept the prayer for bail o f the accused petitioner. Accordingly, the bail application stands rejected. Registry is directed to send a copy of this order to the learned CJM, Silchar at the earliest.