IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37465 of 2008 1. THANU YADAV 2. KHAGO YADAV 3. GOMIT YADAV 4. BARJU YADAV 5. DINDAYAL YADAV Versus 1. THE STATE OF BIHAR 2. YAMUNA YADAV ----------- 2/ 12/11/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 364/34 of I.P.C. The submission is that Section-364 of I.P.C. has no application since the boy has subsequently returned home. The statement of the victim boy has been recorded under Section-164 Cr.P.C. making allegations against the petitioners when he was recovered from the house of another. That Section-364 I.P.C. has no application, but other provisions may apply on the accusation or that the victim boy has returned, does not persuade this Court to grant the privilege of anticipatory bail as the aforesaid are matters to be appropriately considered in an application for regular bail, without being prejudiced by the 2 present order. The application is rejected. KC ( Navin Sinha, J.)