IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30735 of 2011 Ajay Yadav, son of Jaddu Yadav, resident of village-Tartar P.S.Ghoswari, District-Patna. Versus The State Of Bihar ---------------------------------- 2. 13.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 500(C) of 2008 under Section 376 of the Indian penal Code. Petitioner is one of the named accused in this case instituted on the basis of a complaint case with allegation of committing gang rape upon the complainant. Submission is that earlier in Pandarak P.S. Case No. 67 of 2005 was instituted, in which, the police after investigation submitted final form and the same was accepted. Thereafter, on the basis of a protest complaint, the present case was proceeded and cognizance was taken. It is also submitted that co-accused Mahesh Yadav has already been granted privilege of anticipatory bail by the learned Sessions Judge, Patna, passed in A.B.P. No. 6920 of 2009 vide order dated 3.12.2009. The petitioner was having no knowledge earlier about the cognizance. His privilege is objected by leaned A.P.P. on the grounds of gravity of allegation and delay caused. Considering the facts and circumstances of the case the petitioner appears not entitled for privilege sought. Accordingly, the prayer for anticipatory is refused. Ravi/- (Akhilesh Chandra, J.)