IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2830 of 2011 1. Rakesh Sah, son of Dudhnath Sah, resident of village – Awarhi, P.S. – Mohania, District – Kaimur. 2. Barhu Gupta, S/o – Bhagwan Gupta, resident of Mohalla – kachhari Road, Mohania, P.S. – Mohania, District – Kaimur. --------- Petitioners. Versus The State Of Bihar ------Opposite Party ******* 03. 12.07.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who armed with carbon copy of the case diary. The petitioners apprehend their arrest in connection with Mohania P.S. Case No. 312 of 2010 for the offence under sections 376(2) G/363/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Bhabua. The two petitioners are named accused in this case, of course, on disclosure of their names by other apprehended co-accused in this case of gang rape wherein in the odd hours two females were subjected to such sexual assault. Trial of apprehended accused persons, as submitted, is going on but against these petitioners and investigation is pending. Considering the facts and circumstances of the case, this court does not find it proper to grant privilege of anticipatory bail. Hence, prayer of anticipatory bail of the petitioners is hereby rejected, if 2 so wishes, they may surrender before the court below and seek regular bail, prayer of regular bail may be considered by the court below on its own merit without being prejudice of instant refusal. Rajeev/ ( Akhilesh Chandra, J.)