IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48350 of 2008 DEO NANDAN YADAV & ANR Versus STATE OF BIHAR ----------- 2 3.12.2008 Heard Counsel for the petitioners. Earlier a prayer for bail of the petitioners namely Deo Nandan Yadav and Anil Yadav was rejected by a reasoned order dated 29.4.2008 passed in Cr. Misc. No. 12436 of 2008. Counsel for the petitioners however, has submitted that after a week of the said order, another co-accused Preman Yadav was directed to be released on bail by an order dated 6.5.2008 in Cr. Misc. No. 55182 of 2007 and the case of Preman Yadav stands on the similar footing as that of the petitioners. This Court would not be in a position to accept the said submission for two reasons namely:- (i) It cannot be said that the case of the petitioners is on the same footing inasmuch as the statement under Section 164 of the Cr.P.C. would itself distinguish the case of the petitioners vis-à-vis Preman Yadav. (ii) This Court in the order dated 29.4.2008 had gone to hold that the victim was minor and the medical report to that extent had squarely indicated that it was the minor 2 who was subjected to a brutal gang rape by five persons. Those two aspects of the matter, in fact, have not been placed or considered by this Court while allowing bail to Preman Yadav. Thus, this Court finds it difficult to allow bail to the petitioners namely Deo Nandan Yadav and Anil Yadav on the ground of bail granted to co-accused Preman Yadav. That being so, this application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)