AB 1031/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY This is an application under Section 438 of Cr.P.C., seeking pre-arrest bail of the accused-petitioner, namely, Tapan Kumar Das, in connection with Bongaigaon P .S. Case No. 116/2011 under Section 376 IPC. Heard Mr. NNB Choudhury, learned counsel for the petitioner, and Mr. K. Munir, l earned Addl. P.P. for the State of Assam. Learned Addl. P.P. by producing the Case Diary has apprised the Court regarding the progress of investigation of the case. On perusal of the case diary and the materials on record, it appears that an FIR was lodged by the victim, alleging therein that about two years back, the accus ed-petitioner proposed to marry her. The victim also alleged that the accused-pe titioner took her to Guwahati, Shillong and other different places, which fact w as also known to everyone in the locality. The victim further alleged that the a ccused-petitioner had maintained physical relationship forcefully with her at hi s residence. Having come to know about the relationship of the victim, the mothe r of the accused-petitioner arranged marriage of the accused-petitioner with ano ther girl. On careful perusal of the materials on record, it appears that the victim and th e accused-petitioner had long relationship and both of them are apparently matur ed. It also appears that the accused-petitioner had sexual intercourse with the victim by promising to marry her. Considering the facts and circumstances leading to the filing of the FIR though the offence alleged is serious but considering the past relationship between the accused-petitioner and the victim, this Court is of the view that the petitione r may be extended the privilege of pre-arrest bail in connection with this case. More so, further investigation in the case would not be adversely effected in t he event of enlarging the accused-petitioner on pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner, namel y, Tapan Kumar Das, in connection with Bongaigaon P.S. Case No. 116/2011 under S ection 376 IPC, he shall be released on bail of Rs.10,000/-, with one surety of the like amount to the satisfaction of the arresting authority on condition that the petitioner shall make himself available before the Investigating Officer as and when required and shall also cooperate the I.O. for investigation of the ca se. This bail application shall stand disposed of in terms of the above directions.