- (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure, 1973 seeking bail in connection with Pakuria P.S. Case No. 6 of 2013 (G.R. No. 94 of 2013) for the alleged offence punishable under Sections 366A/34 of the Indian Penal Code, now pending in the Court of learned Chief Judicial Magistrate, Pakur.
(2.) HEARD the learned counsel for the petitioners as well as learned APP appearing on behalf of the State. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in the alleged crime due to previous enmity. It is further submitted that the petitioners are the real maternal uncle and the relatives of the victim girl and the statement under Section 164 of the Cr. P.C. was recorded after nine months and there is no specific allegation against the present petitioners.
(3.) LEARNED A.P.P. while opposing the bail application submitted that the age of the victim girl is 14 -15 yeas, and therefore, the present petitioners may not be enlarged on bail.;