IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41901 of 2026 Arising Out of PS. Case No.-1241 Year-2024 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Mukesh Paswan @ Mukesh Kumar S/o Setha Ram R/o Village- Shivpur, PS- Nokha, Dist- Rohtas ... ... Petitioner Versus 1. The State of Bihar 2. Lalsa Devi W/o Mukesh Paswan @ Mukesh Kumar, D/o Mahendra Paswan R/o vill - Shivpur, P.O.- Tararh, P.S.- Nokha, Distt.- Rohtas, at present R/o vill- Konar Khurd, P.O.- Sikraul, P.S.- Chenari, Distt. -Rohtas ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s : Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-07-2026 Heard the parties. 2. The accused/petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No. 1241 of 2024 in which cognizance has been taken for the offences punishable under Sections 85 of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’). 3. It is a private complaint arising out of matrimonial dispute between the parties, where summon has been issued by the Court. 4. Considering the legal ratio of Hon’ble Supreme Court as available through Om Prakash Chhawnika @ Om Prakash Chabnika vs. State of Jharkhand and Patna High Court CR. MISC. No.41901 of 2026(2) dt.01-07-2026 2/2 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. Rajeev/- (Chandra Shekhar Jha, J) U T