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D.BISWAS, B.S.REDDY, P.G.AGARWAL
In re State of Assam Represented by Commissioner and Secretary, Government of Assam, Judicial Department, Dispur, Guwahati – Appellant
Versus
. – Respondent


Counsel for the Parties :
For the Petitioners:N. Dutta, J.M. Choudhury and D.K. Das Amicus Curiae, Advocates.
For the Opp. Party No. 2 :K. Munir, P.P., N. Baruah and S. Bharali, Advocates.

JUDGMENT

P.G. Agarwal, J. - The facts in brief leading to the present revision may be noted.

2. The respondent Sri Hari Chandra Hatimuria was arrested by Police in connection with Silapathar P.S. Case No. 133/06 and produced before the Chief Judicial Magistrate, Dhemaji on 26.9.2006. The allegation in the F.I.R. is that the accused who is a school teacher, called Ms. Sumpi Gogoi, a teenaged illiterate girl to his house for cleaning rice and after the work was over, the accused threatened her and took her inside the house and, thereafter, forcibly committed rape on her. The accused threatened the teenaged girl with dire consequences if she discloses the incident to others. Subsequently, she informed about the incident to her parents whereupon the F.I.R. was lodged. The statement of the alleged victim was recorded under section 161, Cr. P.C. and, thereafter, she was sent to the Court where her statement was recorded under section 164, Cr.P.C.

3. On his production before the Court, the accused filed an application for bail stating inter alia that he is suffering from illness and he is undergoing treatment at Dibrugarh hospital. On 13.9.2006, the application for bail was filed on be

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