NUR AHMED AND 2 ORS Vs. STATE OF ASSAM REP BY P P ASSAM
LAWS(GAU)-2018-8-79
HIGH COURT OF GAUHATI
Decided on August 16,2018

Nur Ahmed And 2 Ors Appellant
VERSUS
State Of Assam Rep By P P Assam Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) Heard Mr. R. Ali, learned counsel for the accused-petitioners as well as Mr. B. Sarma, learned Additional Public Prosecutor, appearing for the State of Assam. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Nur Ahmed, 2) Fatema Begum, and 3) Raihana Ahmed, in connection with Bihpuria PS Case No. 369/18 registered under Sections 417/376/313/ 371/342/506/34 of the IPC.
(2.) Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. It is alleged that the accused petitioners No.1 and 2 had taken the victim to hospital and with the help of a doctor terminated her pregnancy.
(3.) As per provisions of the Medical Termination of Pregnancy Act, when the pregnancy is above eight (8) weeks, two doctors are required to terminate a pregnancy. There is no instance in the case diary to show that two doctors were ever there at the time of alleged termination, meaning thereby, that the victim was not carrying pregnancy of 8(eight) months, as alleged. On the other hand, there is no instance in the case diary that there is any termination of the pregnancy. However, such view of this Court is tentative and for the purpose of this bail application also.;


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