Patna High Court
Md. Karimul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
A second anticipatory bail application is not maintainable where the earlier anticipatory bail application has been rejected.
Summary
The petitioner, Md. Karimul Haque, sought anticipatory bail fearing arrest in a complaint case involving offences under Sections 376, 313, 498(A), 379, 120(B) of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He had earlier filed an anticipatory bail application (Cr. Misc. No. 76664 of 2024) which the Patna High Court rejected on 3 July 2025. Subsequently, he filed a second anticipatory bail application (Cr. Misc. No. 36064 of 2026). The Court examined whether a fresh anticipatory bail petition could be entertained after a prior application had been denied. It held that once an anticipatory bail application is rejected, a second application on the same facts is not maintainable. Accordingly, the Court dismissed the second anticipatory bail application.
Issues considered
- Whether a second anticipatory bail application is maintainable after an earlier anticipatory bail application has been rejected
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 313, 376, 379, 498A
Subjects
- anticipatory bail
- maintainability
- criminal procedure
- double application
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36064 of 2026
Arising Out of PS. Case No.-106 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Md. Karimul Haque S/o Md. Abdul R/o Kewala Mallik, P.S.- Pranpur, Distt.-
Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subera Khatoon D/o Daud Ali R/o Imli Tola, Sahja, P.S.- Mansahi, Distt.-
Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for
the petitioner and Mr. Abhay Kumar Roy, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 106 of 2023 registered for
the offences punishable under Sections 376, 313, 498(A), 379
and 120(B) of the IPC and Sections 3/4 of the D.P. Act.
3. It appears from the record that the petitioner has
earlier moved for grant of anticipatory bail in Cr. Misc. No.
76664 of 2024 which was rejected vide order dated 03.07.2025
by this Court.
4. However, once the petitioner's earlier anticipatory
Patna High Court CR. MISC. No.36064 of 2026(2) dt.02-07-2026
2/2
bail application has been rejected, there is no occasion to
entertain his second anticipatory bail application.
5. Hence, the second anticipatory bail application of
the petitioner is not maintainable and the same stands dismissed
accordingly.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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