Pawan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38644 of 2019 Arising Out of PS. Case No.-1077 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== PAWAN KUMAR THAKUR Son of Ashok Kumar Takhur Resident of Village - Rusulpur, P.S.- Karja, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nutan Sharma Wife of Pawan Kumar Thakur, D/o Balgangadhar Tilak Sharma Resident of Village - Rusulpur, P.S.- Karja, Distt - Muzaffarpur, at present resident of Village - and P.O. - Binda, P.S.- Mushari, Distt - Muzaffarpur.

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

For the Petitioner/s :

Mr.Jay Prakash Sharma For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 498(A) and 504 of the Indian Penal Code in connection with Complaint Case No. 1077 of 2017 (Tr.No. 2571 of 2018).

3. Learned counsel for the petitioner seeks one week's further time to satisfy this Court that a fresh anticipatory bail petition would be maintainable, as claimed by him, even in a case where he was earlier granted provisional bail, pursuant to which he surrendered and furnished the bail bond, but thereafter

Patna High Court CR. MISC. No.38644 of 2019(3) dt.18-09-2019 2/2 his bail bond was cancelled.

4. By order dated 01.07.2019, the petitioner was granted one week's time to respond to the aforesaid objection raised on behalf of the complainant. Despite more than two months thereafter, no sufficient explanation is being made in this matter on behalf of the petitioner.

5. This may be noted that once the petitioner has surrendered and furnished bail bonds to the custody of the Court, in that circumstances, a fresh petition for grant of anticipatory bail cannot be maintained.

6. The petition is accordingly rejected.

(Vikash Jain, J) HR/- U T