Dukha Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51171 of 2015 Arising Out of PS.Case No. -189 Year- 2010 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Dukha Paswan Son of Late Bishun Paswan Resident of Village Bhuptiyahi, P.S.- Laukahi, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gamla Devi Wife of Dukha Paswan Resident of Village- Bhupatiyahi, P.S. Laukahi, District Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 18-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A and 323 of the Indian Penal Code. The basic accusation is of torture.

It appears from the impugned order that the anticipatory bail application has been disposed of by learned

Patna High Court Cr.Misc. No.51171 of 2015 (4) dt.18-12-2015 2/3 3rd Additional Sessions Judge on the ground that only summons have been issued, hence, the petitioner has no apprehension of arrest.

It is submitted by learned counsel for the petitioner that the petitioner was earlier granted provisional anticipatory bail and he furnished bail bonds and thereafter his bail bonds were cancelled since he failed to make payment in pursuance to the order.

In view of the fact that the petitioner has already executed bail bonds, he is deemed custody of the court, hence, the present anticipatory bail application is not maintainable in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR, 491.

Let the learned court below consider the prayer for regular bail of the petitioner in view of the ratio laid down in the case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004(3) PLJR, 491 in connection with Complaint Case No. 189 of 2010 pending in the court of learned Judicial Magistrate, Ist Class, Jhanjharpur, Madhubani. It is made clear that bail can only be denied in a case of misuse.

Patna High Court Cr.Misc. No.51171 of 2015 (4) dt.18-12-2015 3/3 With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T