1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.873 OF 2011 Dr. Prashant Arjun Kharat ..Applicant. v/s. The State of Maharashtra ..Respondent. Mr. Rupwate i/by Santosh Parad, advs. for the Applicant. Ms G.P.Mulekar, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 20th October, 2011 PC : 1 Heard. 2 The applicant seeks anticipatory bail in crime no.97 of 2011 registered at Palghar Police Station. Initially, the offence was registered under Sections 376-B, 376-D, 323 and 506 IPC on the report of one Seema Giridhar Mishra, who was working as Nurse in the hospital where the applicant was posted as Medical Officer. Apprehending arrest, the applicant had filed Anticipatory Bail Application No.785 of 2011 before this Court. By an order dated 23.9.2011 that application was disposed off by observing that the offences under Section 376-B as well as under section 376-D are bailable and that no case of rape is made out. It was pointed out that the offences are bailable and the police officer cannot even arrest a person under those sections without a warrant or an order from the Magistrate. 2 That order was passed in presence of I.O. It appears that after the said order was passed, on the next day PSI B.Y.Jadhav submitted an application to the J.M.F.C., Palghar contending that section 376-B and 376-D were wrongly mentioned in the earlier report and that Section 376(2) should have been applied and that section is now added. In view of this, the applicant has again filed this application for anticipatory bail. 3 It appears that in view of the observations made by this Court in the earlier order that the police officer cannot even arrest the accused without warrant or an order of the Magistrate for 376-B or 376-D, the Investigating Officer has tried to give a go by to the order of this Court and to flout the order of this Court and intentionally he has made addition of Sec.376(2) IPC. This addition does not appear to be on the basis of merits but for extraneous considerations. 4 Therefore, in the event of arrest in Crime No.97/2011 registered at Palghar Police Station for any offence, including section 376(2) IPC , applicant shall be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall make himself available to the police as and when required for the purpose of interrogation. 5 Application stands disposed off. (J.H.BHATIA, J.)