IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19469 of 2011 1.Md. Irshad @ Hakru, Son of Md. Moheed, Resident of Village Manzil Mobarak, P.S. Kalyanpur, District Samastipur. 2.Md. Sitarey, Son of Md. Abulais, Resident of Village Shahpur Baghauni Tola, Fazilpur, P.S. Waini, District Samastipur. ---------- Petitioners Versus The State Of Bihar. -------- Opposite Party ----------------- 03/- 05.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The two petitioners apprehend their arrest in connection with a case registered for the offence punishable under Sections 376, 448, 341, 323, 379, 504 and 34 of the Indian Penal Code, are named accused in this case with allegation of committed and continued gang rape upon the informant resulting into her pregnancy, which could be disclosed to her in laws, soon after the marriage, consequently matrimonial relationship was dissolved. They further, in order to disappear the pregnancy assaulted the informant. Submission is that due to dispute relating to land etc., petitioners have been falsely implicated in this case and earlier the victim disclosed the name of culprit as one Md. Naushad in a Panchayati, but has changed the stand. Further, submission is that petitioners are ready for D.N.A. test. Learned Additional Public Prosecutor, who is armed with case diary, pointed out that earlier statements of the victim stating the name of the petitioners and the person instrumental in her pregnancy. Considering the facts and circumstances of the case, the two above named petitioners appears not entitled for the relief sought. Hence, their prayer for anticipatory bail, in connection with Tajpur (Waini) P.S. Case No. 10 of 2011, pending in the court of Chief Judicial Magistrate, Samastipur, is hereby rejected. Praveen/ ( Akhilesh Chandra, J.)