AB 1430/2011 BEFORE HON\BLE MR JUSTICE B D AGARWAL Heard Md. MH Choudhury, learned counsel for the petitioner. Also heard Mr. BB Go goi, learned Additional Public Prosecutor for the State. This is the second bail application filed by accused petitioner, namely, Nazim U ddin @ Nasir Uddin, seeking pre-arrest bail apprehending his arrest in connecti on with Tezpur Police Station Case No. 268 of 2011 under sections 120(B)/ 376 (2 ) (f) of the Indian Penal Code . The only new ground is that the accused had married the victim girl on 30.04.201 0 and even then the FIR with the allegation of rape has been lodged. Apparently, the offence of rape was committed in the month of March 2011, wherea s the document of marriage was executed one year ago. As per the FIR, the victim is a 12-year-old girl and as such, any marriage with the victim girl before tha t cannot be considered by the court. Besides this, in the earlier order of this Court dated 02.05.2011, the victim girl had reiterated the allegation of rape. Hence, I hold that it is not a fit case to grant anticipatory bail to the accuse d petitioner. However, liberty is given to the petitioner to surrender before a competent Judicial Magistrate and pray for regular bail With the aforesaid directions this anticipatory bail application stands disposed of.