Hon'ble RATHORE, J.—Since both the above bail applications arise out of the same FIR No.94/2011 registered at police station Pratap Nagar, Jaipur for the offences under sections 363, 366, 376(2)(G), 342, 372, 373 and 120B IPC, they are being decided by this common order.

2. The accused petitioners had moved an application under section 439 Cr.P.C. before the learned Sessions Court which came to be dismissed by the learned Special Judge, Women Atrocities and Dowry matters, Jaipur city, Jaipur, by the impugned order on 28th January, 2012. The learned court below had decided the bail applications of the accused petitioners after considering the statement of the prosecutrix Rekha Kanwar under section 164 Cr.P.C. It is to be noted that in the instant case the said statement of the prosecutrix Rekha Kanwar came to be recorded on 26th March, 2011 by the learned Additional Civil Judge (Junior Division) and Metropolitan Magistrate No.18, Jaipur Metropolitan, Jaipur. Thereafter, another statement on 20th December, 2011 by the learned Civil Judge (Junior Division) and Metropolitan Magistrate No.13, Jaipur Metropolitan, Jaipur.

3. While assailing the impugned order passed by the learned court be

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