IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43731 of 2009 Rakesh Prasad alias Rakesh Kumar Singh, son of Brahmdeo Mahto, resident of Village- Shivanagar, Bakhtiyarpur, Police Station-Chakmehsi, District-Samastipur. ………Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 3. 02. 04. 2010. Heard Mr. Satya Narayan Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No. 12/2008, dated 04. 03. 2008, which was originally registered under Sections 323, 341, 379, 376, , 511/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that according to the prosecution case, though, there is allegation of commission of rape against this petitioner, but subsequently, during the course of investigation the petitioner was apprehended by the Police and after coming to a finding that offences alleged against this petitioner are bailable one, he was released on Police bail and these facts find mentioned in paragraph 7 of the petition. He further submits that now cognizance has been taken under Sections 376/511 of the Indian Penal Code, besides other offences, therefore, he apprehends that he may be arrested by the Police again. It is well settled that once an accused has surrendered either to the jurisdiction of the court or has been apprehended by the Police and was enlarged on bail, then he is not entitle to invoke the 2 jurisdiction under Section 438 Cr.P.C. seeking anticipatory bail in the same case. In this regard reference may be made to reported cases of Mahendra Pd. Singh Vrs. State of Bihar, reported in 2004 (3) P.L.J.R. 491, Shiv Chandra Singh Vrs. State of Bihar, reported in 2007 (4), B.B.C.J. V 66, as also an unreported case of Jag Narayan Yadav @ Babajee Yadav and others Vrs. State of Bihar recently passed on 18. 03. 2010 in Cr. Misc. no. 7453/2010. In that view of the matter, this application is not maintainable and is accordingly, dismissed. The petitioner must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed then the same may be considered on its own merit without being prejudiced by the present order and by taking into consideration the observations made in those cases referred to above. m.p. ( Birendra Prasad Verma, J.)