IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18365 of 2011 JHANDU PASWAN @ SUNDER PASWAN S/O LATE RAMASHISH PASWAN, R/O ERAI BENIPUR, P.S. DANIYAWAN, DISTRICT-PATNA. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 2 13.06.2011 Heard. Petitioner is one of the named accused in this case of gang rape of the year 2001 bearing Daniyawan P.S. Case no. 10 of 2001 pending before Additional Chief Judicial Magistrate, Patna City. No doubt, other co- accused have been granted the privilege by Benches of this Court but much before. Petitioner appears surrendering before the court below in the month of February, 2011. Considering the facts and circumstances and delay caused, at this stage, this Court is not inclined to grant the privilege. Hence, prayer is rejected. However, petitioner will be at liberty to renew the prayer before the trial court itself after hearing on the point of charge where the prayer shall be considered on its own merit without being prejudiced of instant refusal. AAhmad ( Akhilesh Chandra, J.) 2