Crl.M.C. 8/2011 BEFORE THE HON’BLE MR JUSTICE C.R. SARMA Heard Mr. B.C. Das, learned senior counsel, assisted by Mr. D. Dey, learned coun sel, appearing for the petitioners. Also heard Mr. K. Munir, learned Addl. Publi c Prosecutor, appearing for the State-respondent. By filing the Crl. Misc. Case No.10/2011 and Crl. Misc. Case No.08/2011, the pet itioners in AB No.205/2010 and B.A. No.5330/2010, have prayed for correcting cer tain inadvertent mistakes in respect of order, dated 20.12.2010, passed in AB No .205/2010 (wrongly passed) and the order, dated 20.12.2010, passed in B.A. No.53 30/2010 (wrongly passed). The learned senior counsel, appearing for the petitioners, have submitted that t he petitioners, namely, Smti Madhu Sha and Sri Laxman Sha, by filing an applicat ion being B.A. No.5330/2010, under Section 438 of Cr.P.C., prayed for pre-arrest bail in their favour, in connection with Kokrajhar P.S. Case No.264/2010, under Section 366(A) IPC and this Court, by order, dated 10.11.2010, passed in B.A. N o.5330/2010, granted them interim bail and called for the Case Diary. It is furt her submitted, that Sri Rabi Sha, who is the son of the aforesaid petitioners in B.A. No.5330/2010, also filed an application being A.B. No.205/2010, under Sect ion 438 of Cr.P.C., seeking pre-arrest bail in his favour in connection with the aforesaid Kokrajhar P.S. Case No.264/2010, under Section 366(A) IPC. The learned senior counsel, appearing for the petitioners, has submitted that du e to inadvertent mistake, the order, dated 20.12.2010, passed and dictated in AB No.205/2010, was wrongly recorded in B.A. No.5330/2010 and similarly, the order , dated 20.12.2010, passed and dictated in B.A. No.5330/2010, was wrongly record ed in AB No.205/2010. It is also submitted that, vide order, dated 20.12.2010, p assed in B.A. No.5330/2010, the petitioners were directed to appear before the l earned Chief Judicial Magistrate, Kokrajhar along with the victim girl on 28.12. 2010 and the case was directed to be listed before this Court on 05.01.2011. It is also submitted that, in fact, the said direction to appear was applicable to Sri Rabi Sha and not his parents. In view of the above, the learned senior counsel submitted that due to the said inadvertent mistake, the petitioner in AB No.205/2010 (Sri Rabi Sha) could not a ppear before the learned CJM, Kokrajhar and as such the order, dated 20.12.2010, passed in AB No.205/2010 and the order, dated 20.12.2010, passed in B.A. No.533 0/2010, need to be corrected to facilitate the petitioner, more particularly, Sr i Rabi Sha to produce the victim girl before the learned CJM, Kokrajhar and that the time to appear may be extended. Having heard the learned counsel, appearing for both the sides and carefully per using the orders aforesaid, I find that the said orders, dated 20.12.2010, were wrongly recorded as indicated above. Therefore, for ends of justice, it would be appropriate to correct the said mist akes. In view of the above, it is ordered that the following order, dated 20.12.2010, passed in AB No.205/2010 shall be treated as the order passed in B.A. No.5330/20 10, instead of the order, dated 20.12.2010, already passed in B.A. No.5330/2010. 20.12.2010 Heard Mr. B.C. Das, learned senior counsel appearing for the petitioner. Also he ard Mr. B.S. Sinha, learned Addl. P.P. appearing for the State of Assam. In view of the order passed in B.A. No.5330 of 2010 (20.12.2010), the interim or der dated 10.11.2010 is extended till 5.1.2010 on which date this case shall be listed along with the B.A. No.5330 of 2010. It is further directed that the date 5.1.2010 appearing in para-2 of the aforesa id order, shall be read as 24.01.2011. Similarly, it is ordered that the following order, dated 20.12.2010, passed in B .A. No.5330/2010 shall be treated as the order passed in AB No.205/2010, instead of the order, dated 20.12.2010, already passed in AB No.205/2010. 20.12.2010 Heard Mr. B.C. Das, learned senior counsel appearing for the petitioners. Also h eard Mr. B.S. Sinha, learned Addl. P.P. appearing for the State of Assam. Perused the case diary. This is an application filed under Section 438 CrPC seeking pre-arrest bail in f avour of the petitioners namely - (1) Smti. Madhu Sha and (2) Sri Laxman Sha in connection with Kokrajhar P.S. Case No.264 of 2010 under Section 366(A) IPC. The allegation made in the FIR is that on the night of 22.10.2010 at about 8 P.M ., the daughter of the informant went out from her house to attend the nature ca ll and since then she has not returned home. According to the informant, as reve aled from the FIR, he came to know that his daughter was kidnapped by somebody a nd kept her in an undisclosed place. The learned counsel appearing for the petitioners has submitted that the petitio ner has love affairs with the said daughter of the informant, who is a major and accordingly, the said daughter of the informant eloped with the petitioner and got married. It has already been submitted that the said daughter of the informa nt, who married the petitioner is living with the petitioner as husband and wife after performing her marriage. In support of the contention, the learned senior counsel has drawn my attention to the admit card issued by the Board of Seconda ry Education, Assam regarding the date of birth of the victim girl. The said adm it card reveals that the date of birth of the victim is 25.5.1992. The occurrenc e took place on 22.10.2010, hence, she was above the 18 years of age on the date of occurrence. Considering the entire aspect of the matter, the petitioners are directed to app ear before the learned Chief Judicial Magistrate, Kokrajhar along with the victi m girl on 28.12.2010 and on such appearance, the learned Chief Judicial Magistra te, Kokrajhar shall pass appropriate order as per law, without being influenced by this order. Till then, in the interim, it is directed that in the event of arrest of the pet itioners in connection with Kokrajhar P.S. Case No.264 of 2010 under Section 366 (A) IPC, the arresting authority shall release them on bail of Rs.10,000/- each with one surety each of the like amount to the satisfaction of the arresting aut hority. The case be listed on 5.1.2011 along with the case diary and the statement of th e victim girl as well as medical report, if any. It is further directed, that the names of (1) Smti Madhu Sha and (2) Sri Laxman Sha, appearing in para-3 of the aforesaid order shall be substituted by Sri Rabi Sha. Moreover, para Nos. 6, 7 and 8 of the aforesaid order, dated 20.12.2010, shall be read as follows :- Considering the entire aspect of the matter, the petitioner, Sri Rabi Sha is di rected to appear before the learned Chief Judicial Magistrate, Kokrajhar along w ith the victim girl on 20.01.2011 and on such appearance, the learned Chief Judi cial Magistrate, Kokrajhar shall pass appropriate order as per law, without bein g influenced by this order. Till then, in the interim, it is directed that in the event of arrest of the pet itioner, Sri Rabi Saha, in connection with Kokrajhar P.S. Case No.264 of 2010 un der Section 366(A) IPC, the arresting authority shall release him on bail of Rs. 10,000/- (Rupees ten thousand)only with one surety of the like amount to the sat isfaction of the arresting authority. The case be listed on 24.01.2011 along with the case diary and the statement of the victim girl as well as medical report, if any. This order shall be treated as a part of the orders, dated 20.12.2010, passed i n AB No.205/2010 and B.A. No.5330/2010 aforesaid. With the aforesaid observations and directions, the Crl. Misc. Case No.10/2011 a nd Crl. Misc. Case No.08/2011, are disposed of.