IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17223 of 2023 Arising Out of PS. Case No.-1929 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Nirmal Kumar Son of Triloki Singh Village- Azampur Ps- Desri District- Vaishali ... ... Petitioner Versus 1. The State of Bihar Bihar 2. Shabnam Kumari Wife Of Nirmal Kumar Resident Of Village - Azampur, Ps Desri , District- Vaihsali At Present Resident Of Daughter Of Kaushal Kishore Singh, Village- Rampur Singhara, Po Singhara Bujurg, Ps- Mahua , District- Vaishali ... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan, Adv. For the Opposite Parties : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 17-08-2026 Heard the parties. 2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No.1929 of 2018 in which cognizance has been taken for the offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 3. It is a private complaint arising out of matrimonial dispute, where summon was issued by the Court. Patna High Court CR. MISC. No.17223 of 2023(4) dt.17-08-2026 2/2 4. Considering the legal ratio of Hon’ble Supreme Court as available through Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Another [2026 SCC OnLine SC 676], as police has no power to arrest in the case of private complaint subject to exception of Section 87 of the CrPC, accordingly, the prayer of anticipatory bail as preferred by the petitioner stands rejected, being not maintainable in want of apprehension of arrest. Aniket/- (Chandra Shekhar Jha, J.) U T