AB 2771/2011 BEFORE THE HON BLE MR. JUSTICE UB SAHA The instant application is filed under Section 438 CrPC by the petitioner, Sri B ijoy Kumar Boro for granting him bail in the event of his arrest in connection w ith Thelamara P.S. Case No. 43 of 2011 under Section 493/376/420 IPC. Heard Mr. N Muhtarim, learned counsel for the petitioner who submits that even i f the whole story as narrated in the FIR is believed by the Court then also no o ffence under Section 376 is made out. He further submits that maintaining sexual relation with a promise to marry does not come within the purview of Section 37 5 IPC and more so the informant in the FIR nowhere stated when the petitioner ha s last forcibly raped her. Therefore, it would be proper for this Court to grant pre-arrest bail being he is ready to face the trial and co-operate with the inv estigating agency for investigation of the case. Mr. BS Sinha, learned Addl. PP for the State of Assam also conceded to the submi ssion of the learned counsel for the petitioner as in the FIR the informant hers elf admitted that she maintained physical relation only on the basis of the hope that the petitioner will marry her. Mr. Sinha in his usual fairness submits tha t no case diary is necessary in view of the statements made in the FIR. Normally this Court does not grant bail in the case under Section 376 without pe rusing the case diary but after perusing the FIR, this Court is of the considere d opinion that this is a fit case where pre-arrest bail should be granted. This Court is not making any observation at this stage regarding the submission of the learned counsel for the petitioner as to whether the allegations made in the FIR come within the purview of Section 375 IPC or not, as that would affect the trial. Accordingly, it is directed that the petitioner shall be enlarged on bail in the event of his arrest in connection with the aforesaid PS Case on furnishing a bo nd of Rs. 30,000/- with one surety of the like amount to the satisfaction of the arresting authority on further condition that he shall appear before the IO of the Case once in a fortnight for the next two months and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted w ith the facts of the case so as to dissuade him from disclosing such facts to th e Court or to any police officer. He shall not leave the State of Assam without prior permission of the arresting authority. This application is allowed and disposed of.