In an anticipatory bail application, the Patna High Court held the petition not maintainable as the petitioner was already released on police bail for the same offence. The court directed him to appear before the court below within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10962 of 2019
Arising Out of PS. Case No.-43 Year-2017 Thana- MAHILA P.S. District- Nalanda
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NITISH JAMADAR S/o Vijay Bind @ Vijay Jamadar resident of villageParasi P.S. Bena, Dist.- Nalanda
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
8 13-08-2019 The petitioner apprehends his arrest in connection with Mahila P.S.Case No. 43 of 2017 registered under Sections 323, 341, 494, 498A, 504 and 506/34 of the Indian Penal Code.
Allegation against the petitioner, as per FIR, is that marriage of the informant was solemnised with the petitioner on 17.05.2010 and after marriage, petitioner along with others demanded dowry of a sum of Rs. One lac, but anyhow father of the informant gave Rs. 25,000/- to her father-in-law and to pay rest amount of Rs. 75,000/-, father of the informant took some time. But due to non-fulfillment of the same, informant was being tortured psychically and mentally by the petitioner and others.
Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.10962 of 2019(8) dt.13-08-2019 2/2
was granted bail by the police.
In view of submission made by the petitioner and the law laid down by this Court in case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004(3)PLJR 491 and of; Ram Vilas Singh vs. The State of Bihar reported in 2008(3) PLJR 253 , the present anticipatory bail application is not maintainable inasmuch as this Court has held that when the case is initially for non-bailable offences wherein the accused is taken into custody and then is released on bail by the police, his application for anticipatory bail, on the ground that he has an apprehension of arrest in the case, cannot be held to be maintainable. The petitioner must honour the terms of the police bail and appear before the court without any delay. As such in case, the petitioner appears before the court below within six weeks then the court below shall consider his prayer for bail 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.
Accordingly, this application is disposed of.
(Anil Kumar Sinha, J)
sujit/-
U T
2 issues framed by the court
Whether an anticipatory bail application is maintainable when the petitioner was already released on police bail for the same non-bailable offences.
Whether the petitioner is required to honor police bail terms and appear in court before seeking court bail.
Colour shows how this judgement treated each authority
Mahendra Prasad Singh vs. The State of BiharDistinguished¶19
Mahendra Prasad Singh vs. The State of Bihar 2004(3)PLJR 491
Ram Vilas Singh vs. The State of BiharDistinguished¶19
Ram Vilas Singh vs. The State of Bihar 2008(3) PLJR 253
Nitish Jamadar
The State of Bihar
Phula Devi
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
