IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8258 of 2009 Banarsi Das, son of Saryug Yadav, Chela of Late Jamun Das, resident of village Tetrahi, P.S. Khodabandpur, District Begusarai Versus STATE OF BIHAR ----------- 02/ 03.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 376 of the Indian Penal Code in which final form was submitted earlier, but differing therewith the court below has taken cognizance of the offence and has summoned the petitioner. It is submitted on behalf of the petitioner that the final form was submitted taking into account the allegations set out in Alouli P.S. Case No. 70 of 1997, which was registered prior to the present case by the petitioner against the husband of the prosecutrix under Sections 386 and 364 of the Indian Penal Code, whereafter he filed A.B.A. No. 167 of 2007, which was rejected under orders dated 2.8.2007 and the petitioner has filed the present application on 26.2.2009. In the circumstances, I am not inclined to entertain this application on the ground of delay in moving this Court and the application is rejected. Arjun/ ( V.N. Sinha, J.)