IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33973 of 2011 1.Bablu Rai, Son of Kamlesh Rai. 2.Amarnath Rai, Son of Rabindra Rai. Both are residents of Village Chakaiya, P.S. Tissiotto, District Vaishali. -------Petitioners Versus The State Of Bihar -----Opposite Party ------------------ 03/- 20/12/2011 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioners and Mrs. Rina Sinha, learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. Both the petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 376/34 of the Indian Penal Code, are named accused in this case with allegation of taking away the informant at a lonely place forcibly on a bike and thereafter committed rape upon her one by one. Submission is of false implication due to political rivalry relating with election of Mukhiya and lack of medical support. Further, petitioners have no criminal antecedents and the lady is adult one having two to three ex- husbands. Considering the facts and circumstances of the case and direct allegation of committing gang rape upon the informant after taking her away, petitioners appear not entitled for the privilege sought. Accordingly, the prayer for anticipatory bail of the above named two petitioners in connection with Patepur P.S. Case No. 58 of 2011, pending in the Court of Chief Judicial Magistrate, Vaishali at Hajipur is hereby refused. Praveen/- ( Akhilesh Chandra, J.)