Cr.M.P.(M) No.730 of 2008. 23.07.2008 Present: Mr. N.K. Thakur, Advocate for the petitioners. Mr. Rajinder Dogra, Addl. Advocate General for the respondent. The petitioners have filed this application under Section 438 Cr.P.C. for releasing them on bail in F.I.R. No.151 of 2008 registered on 11.7.2008 at Police Station, Amb under Sections 376 and 120-B of the Indian Penal Code. The respondent has filed the status report. I have gone through the same minutely. I have heard the learned counsel for the parties and perused the record carefully. The manner in which the case has been projected against the petitioners in the status report is not plausible. The case of the prosecution is that the petitioner No.2 has invited Smt. Kamlesh Kumari to her house on 11.7.2008. Smt. Kamlesh Kumari visited the house of the petitioners. Thereafter the petitioner No.2 left the room with her two daughters and one son and bolted the door from outside. Smt. Kamlesh Kumari raised alarm, but according to her rape was committed by the petitioner No.1. The entire sequence is unbelievable and unnatural. No wife will be a party to a crime as projected in the status report. I have also gone through the medical report minutely. The report does not help the case of prosecution in any manner for the simple reason that the prosecutrix is aged about 30 years and she has delivered three children. The Doctor has not noticed any injury on or around the genitals. There were no signs of any resistance. According to the medical report she had been menstruating and having flow till 10th July, 2008 by 9.00 A.M. In these circumstances, the petitioners have made out a case for grant of bail under Section 438 Cr.P.C. Accordingly, the application is allowed. The petitioners are ordered to be released on bail in the event of their arrest in case FIR No.151 of 2008, dated 11.7.2008 registered at Police Station, Amb under Sections 376 and 120-B of the Indian Penal Code on their furnishing personal bonds in the sum of Rs.10,000/- each with one surety of the like amount each to the satisfaction of the Arresting Officer subject to the condition that they shall continue to join the investigation as and when called by the Investing Officer. They shall not hamper the investigation and influence the evidence of the prosecution in any manner. The petitioner No.1 shall make himself available for medical examination. The observations made in this order are for disposal of this application only and shall not be construed to have any effect on the merits of the case. Copy dasti on usual terms. (Rajiv Sharma), J. July 23, 2008. (sck)