IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17683 of 2010 RAMESHWAR PRASAD Versus STATE OF BIHAR & ANR ----------- 5. 02.11.2010 Vide this application, the petitioner who was complainant in the case concerned has prayed for the grant of anticipatory bail to the O.P. No.2 Mala Devi who happens to be the mother of the boy Shyam Kumar @ Shyam Kumar Gupta with whom marriage of complainant’s daughter was fixed and allegedly a sum of Rs. 1, 50,000/- had been paid and the engagement was also made but boy was married to another girl. The boy Shyam Kumar @ Shyam Kumar Gupta was allowed anticipatory bail by a Bench of this Court under Cr. Misc. No. 263 of 2010 on the condition that he will pay a sum of Rs. 1, 00, 000/- to the complainant through bank draft. The offence was alleged under Sections 420, 406 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The O.P. No.2 Mala Devi was allowed anticipatory bail vide this Court’s order dated 18.3.2010 as passed in Cr. Misc. No. 5002 of 2010. Today prayer for cancellation of bail is made only on the ground that the O.P. No.2 had been allowed bail by police and in course of bail she prayed for anticipatory. Referring a decision of this Court in the case of Mahendra Prasad Singh versus The State of Bihar reported in 2004 (3) PLJR 491, the learned counsel for the petitioner argued that when the accused is on police bail, a petition for anticipatory bail is not maintainable. In reply, the 2 learned counsel for the O.P. No.2 referred that the trial court had issued non-bailable warrant against the O.P. No. 2 vide its order dated 21 .1.2010 as contained in the counter affidavit dated 25.10.2010. Therefore, it was submitted that the police bail had ceased to have effect and on the basis of non-bailable warrant, the O.P. No.2 was under apprehension of arrest, so anticipatory bail was maintainable. The learned counsel for the O.P. also submitted that there is no complain of any misuse of the privilege of anticipatory bail granted to the O.P. No.2. In the circumstances, I do not find substance in the petition. Accordingly, the petition is dismissed. Ravi/- ( C. M. Prasad, J.)