AB 3835/2011 BEFORE THE HON’BLE MR. JUSTICE B D AGARWAL By this application under Section 438 of the Code of Criminal Pr ocedure Code, 1973, the petitioner, namely, Sri Subinoy Sinha, is praying for ba il apprehending his arrest in connection with Satgaon PS Case No. 132 of 2011, u nder Sections 447/376/511/323/506/379 of the Indian Penal Code. The Case Diary has not been produced despite several requisition s. Heard Sri B Sinha, learned counsel for the petitioner as well as Sri B B Gogoi, learned Additional Public Prosecutor for the State of Assam. The prosecution case is that the petitioner attempted to rape th e informant’s daughter. The alleged incident took place in the evening of 14.10. 2011 and the FIR was lodged on 15.10.2011. The petitioner’s case is that he is an army personnel and on the relevant day, he was in Shillong and alleged offence took place at Guwahati. The above apart, the victim is a 23-year-old girl. In her statement under Section 164 CrPC, there is no allegation of attempted rape. According to the victim girl, the accused entered their house and threatened her if she marries any other boy. Considering the nature of allegations and the evidence on record , I am of the view that custodial interrogation of the accused may not be necess ary. Hence, the bail prayer is accepted. Accordingly, the Investigati ng Officer is directed to release the aforesaid petitioner on bail, on his furni shing bail bond of Rs. 20,000/-, with one surety each of the like amount subject to his satisfaction, in the event of his arrest in connection with the aforesai d case. The petitioner shall appear before the Investigating Officer wit hin a period of one week from today and he shall co-operate in the investigation of the case. With the aforesaid directions, this Anticipatory Bail Applicatio n stands disposed of.