IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3938 of 2010 KEWALA DEVI Versus STATE OF BIHAR ----------- 3 9.4.2010 Heard the parties. Petitioner apprehends her arrest in connection with Bathnaha P.S. case No. 66 of 2009 dated 5.5.2009 registered under sections 341, 323, 504, 316/34 of the Indian penal Code. It is submitted by learned counsel for the petitioner that though she is specifically named in the first information report and there is allegation of assault to the victim against the petitioner also, but during the course of investigation the petitioner was granted bail by the police as offences were found to be all bailable in nature. By referring to final form annexure-2, he submits that final form was submitted under section 341, 323, 504/34 of the Indian Penal Code, which all are bailable one. In view of the fact that petitioner was on police bail, this petition for anticipatory bail under section 438 Cr.P.C. is not maintainable and it 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 ,which may be disposed of on its own merit and by taking into consideration the observations of this Court in the case of Mahendra Pd. Singh V. The State of Bihar reported in 2004 (3) PLJR 491 as also an unreported case of Jag Narayan Yadav @ Baba Ji V. State of Bihar passed in Cr. Misc. No. 7453 of 2010 on 18.3.2010. (Birendra Prasad Verma, J) M.Rahman