IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26480 of 2011 Bhutul Ram Versus The State Of Bihar ***** 02. 30.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Baniapur P.S. Case No. 132/2009, pending in the court of Chief Judicial Magistrate, Saran at Chapra, is one of the three named accused in this case of gang rape and kidnapping. Submission is that earlier vide order dated 12.04.2010 passed by learned Sessions Judge, Saran at Chapra, prayer of the petitioner as well as of co-accused Sanjeet Ram was refused. Co-accused Sanjeet Ram has already been granted the privilege by a Bench of this court vide order dated 04.08.2010 passed in Cr. Misc. No. 18112/2010. So, the petitioner also deserves the same treatment. It is pointed out that this application has been filed only on 05.08.2011 without any explanation for the delay caused on the part of the petitioner who is evading appearance causing further delay in investigation of the case. In view of the facts and circumstances the petitioner is not entitled for the privilege sought. Hence, prayer for anticipatory bail of the petitioner is hereby rejected. However, petitioner is at liberty to surrender before the court below within fortnight and seek regular where prayer of the petitioner may be considered on its own merit without being prejudiced of instant refusal. Rajeev/ ( Akhilesh Chandra, J.)