IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.40 of 2011 1. DEEPAK GOSAI 2. CHANDAN GIRI --- PETITIONERS. Versus THE STATE OF BIHAR --- OPP. PARTY. ----------- 02 12.01.2011 Heard learned counsel for the petitioners and the State. Petitioners, who have been declared juvenile in conflict with law, are aggrieved by order dated 08.10.2010 passed on their appeal being Cr. Appeal no. 31 of 2010 ( Deepak Gosain & Anr. Vs. The State of Bihar), whereby the prayer for bail was considered and rejected. Learned appellate Court while rejecting prayer made on their behalf observed as under:- “5. Considering the circumstance that appellants have committed gang rape on informant so by their release on bail, they can come in association of the anti-social elements on whose association they committed such heinous crime, I am not inclined to allow the appeal. Therefore, I find no irregularity or illegality in the order of the learned J.J.Board, Ara and the same is legal and valid. Thus, I find no merit in the appeal and the same stands dismissed.” Learned counsel for the petitioners submits that because of previous animosity they have been wrongly and falsely enmeshed in the present case. It is next contended that they are in custody/remand home since 09.04.2010. Petitioners are said to have entered into the house of the prosecutrix along with another person from the rear side and captivated her. It is allegation that both of them committed rape on her. Prosecutrix 2 seems to be aged about 15 years. This Court finds from the materials on record including the F.I.R. that petitioners at the time of commission were accompanied by few other persons of the same age group. Considering the nature of allegation and the attending facts, this Court, for the present, is inclined to take the view which has been taken by learned appellate Court while rejecting their prayer for bail. The manner in which the occurrence was committed and the fact that they committed rape on a minor girl, their release at this stage, in my view also, defeat the ends of justice. Prayer for bail is refused. However, considering the fact that they have been declared juvenile and are in custody since 09.04.2010, this Court observes that if the trial is not taken up and all prosecution witnesses are not examined within 10 months from the date of receipt/communication of a copy of this order petitioners shall have liberty to renew prayer for bail in the Court below itself which shall be considered and disposed of uninfluenced by the present order. Sym ( Kishore K. Mandal, J.)