IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18459 of 2009 PRAFUL KUMAR @ PRAFUL PRASAD @ LALI SON OF SHRI MOHAN PRASAD @ MOHAN PRASAD SINGH RESIDENT OF VILLAGE BARNA,P.S.FATUHA,DISTRICT PATNA Versus STATE OF BIHAR ----------- 3/ 21.7.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in Complaint Case No. 167C of 2008 pending in the court of Sub-Divisional Judicial Magistrate, Hilsa, Nalanda. Earlier after some argument, the application for grant of anticipatory bail of the petitioner was dismissed as withdrawn on 9.2.2009 (Cr.Misc.No.110 of 2009) and after three months, this second application for grant of his anticipatory bail has been filed. The petitioner has taken a plea that notice was served to the complainant in the Matrimonial Suit filed by him and after long lapse, the present complaint case has been filed. The said Matrimonial Suit has been filed much prior to the present case for annulment of his marriage with the complainant and filing of this complaint case is an abuse of the process of the court. All the above facts were available when after some argument, the petitioner sought permission to withdraw the application for grant of anticipatory bail and thereafter permission was granted and the application was dismissed as withdrawn. The petitioner instead of surrendering before the court below has again filed this second application for grant of anticipatory bail. Considering all the above, I am not inclined to entertain this second application for grant of anticipatory bail. Accordingly, it is dismissed. Tahir/- ( Shyam Kishore Sharma, J.)