IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30405 of 2011 1. Gaffar Mian son of Lattu Mian 2. Ali Hussain son of Lattu Mian Both are resident of village Devlatar TollaWaradiha P.S. Khaira, Diist. Jamui …..Petitioners Versus The State of Bihar ………………Opposite Party. ---------------------------------- 2 12.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The above named two petitioners apprehending their arrest in connection with complaint case No. 1111C/2010 registered for the offence under sections 376/34 of the Indian Penal Code pending in the court of Sri Satya Pprakash, J.M. Ist Class, Jumui. Allegation against the petitioners is that they over powered the complainant and committed rape upon her. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case only because the sister of the petitioners had earlier filed a complaint case No. 1092 of 2010 against the seven persons including the husband of the complainant. Considering the facts and circumstances of the case and the nature of allegation, it appears that petitioners are not entitled to have the privilege sought for . Accordingly, the prayer for anticipatory bail is rejected. M.Rahman (Akhilesh Chandra, J) 2