IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20421 of 2026 Arising Out of PS. Case No.-444 Year-2023 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Ravi Hussain, S/o- Late Md. Rajak, R/v- Khajuri Milik W. No-6, P.S.- Bhargama Dist- Araria ... ... Petitioner Versus 1. The State of Bihar 2. Madina Khatun, W/o- Ravi Hussain, D/o- Md. Mannan R/v- Khajuri Milik W.No-6, Ps- Bhargama Dist- Araria ... ... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. : Mr. Pooja Prasad, Adv. : Mr. Binod Kumar Sinha, Adv. For the OP no.2 : Mr. Amarnath Kumar, Adv. For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 5 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.444 of 2023 in which cognizance has been taken for the offences punishable under Sections 494, 498(A) & 34 of the Indian Penal Code (in short, ‘IPC’) and ¾ of the Dowry Prohibition Act and Section 4 of the Muslim Women Act, 2019. 3. It is a private complaint arising out of matrimonial dispute, where summon was issued by the Patna High Court CR. MISC. No.20421 of 2026(5) dt.17-08-2026 2/2 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 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. Raushan/- (Chandra Shekhar Jha, J.) U T