JUDGMENT :

1. Heard learned counsel the petitioners, the State and the informant.

2. The present application has been filed under section 439 of the Code of the Criminal Procedure (herein after referred to as 'the Code') directly before this Court with two fold prayers. Firstly, they may be permitted to surrender in connection with Araria Mahila PS Case No. 118 of 2016/GR No. 4200/2016 and secondly, their case may be considered for grant of bail by the High Court.

3. Stamp reporter has raised objection regarding maintainability of this application as the petitioners have not approached the Court of Sessions at the first instance.

4. Brief facts giving rise to the instant case is that on the written statement of one Chabidas, Araria Mahila PS Case No. 118 of 2016/GR No. 4200/2016 was registered to the effect that on 19.12.2026 at about 2 pm while she was at the Polytechnic Chauk, Purnea waiting to catch a bus for Farbisganj, suddenly, petitioners and one other unknown person came there on Safari vehicle and offered her lift. She further alleged that as the petitioners were known to her, she boarded their vehicle, whereupon they took her to a lonely place and committed gang rape on her.