IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17886 of 2010 1. ALAM, son of late Olahir 2. SALAUDDIN, son of late Farooque @ Farukh, resident of village Dhipitola, Polhariya, P.S. – Routa, District – Purnea. ------------ Petitioners. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 02. 27.05.2010 Heard learned counsel for the petitioner, informant and State. The two petitioners are named accused in connection with Rauta P.S. Case No. 31/2009 for offences under Section 323, 504 and 376/34 of the Indian Penal Code, instituted on the basis of the complaint case No. 1634/2009, wherein subsequently, after investigation police submitted final form, but, taking a different view, cognizance for the offence has been taken. All the four named accused persons at about 8 A.M. entered into the house of the complainant started abusing her husband due to some cases filed by him earlier and threatened that they will teach him lesson and no one can do anything. They started assaulting him in his rescue when complainant and his mother-in-law intervened at the dictates of co-named accused (non-petitioner Noor Hasan), the two petitioners committed rape upon the complainant informant one by one giving no heed to her cries and protest. Subsequently, on arrival of neighbours anyhow further occurrence could be stopped. It is contended that the parties are at litigating term - 2 - with respect to piece of land since before and prosecution side is in habit of lodging case after case which are proved false. Considering the facts and circumstances of the case and statements of complainant lady who was allegedly subjected to gang rape in presence of her husband and mother- in-law, of course, in broad day light, for the present, I am not inclined to enlarge the petitioners on bail. Hence, prayer for bail of the petitioners is hereby rejected with a liberty to the petitioners to renew their prayer before the trial court itself after examination of victim and two aforesaid eye witnesses who may preferably to be first three prosecution witnesses, the court below is simultaneously directed to proceed expeditiously, so that the three persons may be examined at the earliest. Rajeev/ (Akhilesh Chandra, J.)