2. The petitioners are apprehending arrest for the alleged commission of offence under Sect
ion 366-A/34 of the I.P.C in G.R. Case No.1441/2015 of the court of learned S.D.J.M., Puri,
arising out of Brahmagiri P.S. Case No.148/2015.
3. A careful perusal of the statement of the victim girl recorded under Section 161 of the
Cr.P.C. reveals that she is 18 years old and she was in love with petitioner no.2 and on he
r own volition she accompanied the petitioner to Brahmagiri and stayed in a house for six to s
even days and there is no allegation against petitioner no.2 that he had committed rape upon
her. This Court is of the opinion that neither offence under Section 366-A of the I.P.C. no
r offence under Section 376 of the I.P.C. is made out against petitioner no.2. There is also
no allegation against petitioner no.1, who is the father of petitioner no.2.
4. Keeping in view the aforesaid consideration, nature of the allegations made and the fac
ts of the case, this Court is inclined to grant anticipatory to the petitioners. Accordingly,
liberty is given to the petitioners to surrender before the learned S.D.J.M., Puri, in the af
oresaid case within twenty one days and pray for bail. On such event, the learned Magistrate
shall enlarge them on bail on such terms and conditions as deemed just and proper by him. In
case they are arrested by the Police in the mean time, they shall be produced before the learn
ed S.D.J.M., Puri within twenty-four hours. The learned Magistrate shall then allow their appl
ication for bail as aforesaid.
