Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
Learned A.G.A. points out that initially a stay order was granted in this case by an earlier order dated 16.6.2009 passed this Court on the ground that there was a matrimonial dispute and parties wanted to arrive at mediation. Learned counsel for the petitioners admits that the mediation proceedings have been closed, therefore, the said ground does not survive. As they are girls, their case is distinguishable from the case of the main accused. Learned A.G.A. points out that after 161 Cr. P. C. statement, the case was also converted under section 376 IPC in addition to earlier sections, therefore, there is no ground to interfere with the F.I.R. The petition is, therefore, devoid of merits and it fails and it is dismissed.
However, in the facts and circumstances of the case, we direct that if the petitioners appear in Case Crime No. 43 of 2009, under sections 498A, 383, 364, 415, 464 IPC and 3/4 D.P. Act, P.S. Mahila Thana, district Kanpur Nagar, within three weeks from today before the Court concerned and apply for bail, their prayer for bail shall be considered and disposed of in accordance with the observations of the Full Bench of this Court in Amrawati and another vs. State of U.P., 2004 (57) ALR, 290 affirmed by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P., 2009 (2) Crime 4 (SC).
Order Date :- 22.1.2010 HSM