IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6160 of 2009 Awadhesh Yadav, son of Sera Yadav, resident of village- Kesopur, Police Station- Telhara, District-Nalanda Versus State Of Bihar ----------- 2. 15.5.2009 The petitioner prays for anticipatory bail in a case under Section 376/511 IPC in which the police submitted charge sheet under Sections 341,323 and 504 IPC but the court below took cognizance of the offence under Sections 376/511 IPC. The admitted position is that the petitioner was on police bail. Thereafter since cognizance has been taken under Section 376/511 IPC he has made the prayer for anticipatory bail. The learned First Additional Sessions Judge, Hilsa has rejected the prayer relying upon a decision of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar: 2004(3) PLJR 491. Learned counsel for the petitioner seeks to rely upon another subsequent decision of a learned Single Judge of this Court but the same does not appear to have referred to the earlier decision in Mahendra Prasad Singh’s case (supra). This Court is of the view that the court below has rightly rejected the prayer for anticipatory bail of the petitioner in view of the aforesaid decision of this Court in the Mahendra Prasad Singh’s case in which on a consideration of the similar circumstances in para-5 of the decision, this Court has held as follows:- “In the facts of the case, the petitioner must honour the terms of police bail and appear before the Court without any delay. In case, petitioner appears before the Court below within six weeks then the Court below shall consider his prayer for bail in accordance with law 2 keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse etc. With this observation this application for anticipatory bail is dismissed.” In view of the aforesaid settled proposition, the petitioner’s application for anticipatory bail is dismissed in terms of the observations of this Court in Mahendra Prasad Singh’s case (supra) and it is directed that if the petitioner appears before the court below within six weeks and applies for bail then the Court below shall consider his prayer for bail in accordance with law and keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegation of misuse, etc. S.Pandey (Ramesh Kumar Datta, J.)