IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46116 of 2008 BHOGI YADAV, S/O HARIZAN YADAV, RESIDENT OF VILLAGE- NARAR GOTH, P.S. KAULAHI (KHAJAULI), DISTRICT-MADHUBANI ………… PETITIONER Versus STATE OF BIHAR ………………… OPPOSITE PARTY ----------- 02/ 05-02-2009 Heard the counsel for the petitioner and the State. Petitioner is the sole accused named in the F.I.R. of Khajauli (Kaluahi) P.S. Case No. 74 of 2007 for offences under Section 376 of the Indian Penal Code. It is stated that he was on Police bail. After investigation charge sheet was submitted under Sections 323, 504 and 354 of the Indian Penal Code but cognizance has been taken under Section 376 Indian Penal Code. Considering the fact that petitioner was on Police Bail, he cannot pray for grant of anticipatory bail as it is well settled law. He may surrender before the court concerned and his prayer for regular bail should be considered and decided in the light of decision reported in 2004(3) PLJR 491. This application is disposed of. S.Sb/- (Mridula Mishra, J.)