AB 2759/2011 BEFORE THE HON’BLE MR. JUSTICE UB SAHA The instant application has been filed by the petitioners, namely, 1. Smti. Phul puli Pegu and 2. Miss Nirama Pegu under Section 438 CrPC for granting them pre-a rrest bail in connection with Gogamukh PS Case No.151/2009 (GR Case No.749/2009) under Section 366(A)/325/34 IPC. Heard Mr. M Phukan, learned counsel appearing for the petitioners. Mr. Phukan submits that even the entire FIR is believed then also no case under Section 366 (A) and 325 IPC is made out and more so, the victim girl, by this ti me, has also been recovered by the informant. He further submits that the whole allegation in the FIR is against one Hemanta Pegu and not against the present pe titioners. Therefore, there is no involvement of the petitioners in the alleged offence and they are entitled to be released on bail. Mr. BS Sinha, learned Addl. PP submits that normally in a case of Section 366 (A ) IPC, the prosecution raise objection to the prayer for bail, but in the instan t case, as both the petitioners are female and they are not FIR named, prosecuti on is not objecting the prayer for granting bail. This Court has gone through the FIR. From the FIR, it appears that the victim, b y this time, has been recovered by her father, i.e. the informant and the presen t petitioners are not only FIR named but there is no allegation against them. Considering the entire facts and circumstances, the instant application is taken up for final disposal even in the absence of the case diary. Accordingly, it is ordered that the petitioners shall be released on bail in the event of their ar rest in connection with the aforesaid PS case on furnishing a bail bond of Rs.10 ,000/- (Rupees ten thousand) each with one local surety each of the like amount to the satisfaction of the arresting authority and on further condition that the petitioners shall appear before the Investigating Officer of the case as and wh en called for and shall not leave the State of Assam without obtaining the prior permission of the learned CJM, Dhemaji. With the aforesaid order, the bail application is allowed.