(1.) Heard the parties.
(2.) Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Mahila P.S. Case No. 03 of 2018, corresponding to G.R. No. 229 of 2018 registered under Sections 341, 342, 323, 354(B), 376(D), 363, 365, 120B of the Indian Penal Code and Sections 67/67(A) of I.T. Act, 2000, pending in the Court of learned Chief Judicial Magistrate at Khunti.
(3.) It is submitted by the learned Senior counsel appearing for the petitioners that the offences involved in this case relates to gang rape of 5 girls who are the members of a street play group by the co-accused persons apparently under the instruction of a leader of Pathalgadi, after abducting them from Church School with which the petitioners are associated as Sisters. It is then submitted that the victims were the members of a street play group and were invited to perform a play in the said Church School. The learned Senior counsel appearing for the petitioners further submitted that though the petitioners are not named in the F.I.R. yet they apprehend their arrest in connection with this case as in the charge sheet submitted against co-accused persons, it has been mentioned that investigation is going on against these petitioners as well. It is next submitted by the learned Senior counsel appearing for the petitioners that the petitioners are innocent and they have no connection with the alleged occurrence. It is further submitted that it is evident from the statement recorded under Section 164 Cr.P.C. of the victims including the informant that nothing has been alleged against the petitioners rather it has been mentioned that the petitioners requested the co-accused persons not to abduct the victims. It is further submitted that the petitioners came to know that the Investigating Officer wanted to investigate the petitioners when notice under Section 91 of Cr.P.C. was issued to the Chairperson/Secretary/In-charge of Asha Kiran, Khunti to provide the whereabouts of the petitioners for the purpose of investigation of the case hence, it is submitted that the petitioners be given the privilege of anticipatory bail.