IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31966 of 2010 BIKRAM MISTRY, SON OF RAM KUMAR MISTRY Versus 1. THE STATE OF BIHAR 2. REKHA KUMARI @ ANJU DEVI W/O- SURESH KUMAR SHARMA, D/O- RAM SWARUP SHARMA 3. SURESH KUMAR SHARMA, S/O- LATE SHAMBHU DAYAL SHARMA 4. RAM SWARUP SHARMA, S/O- LATE KALI MISTRY ----------- 2 01.09.2010 Heard learned counsel for the petitioner. This is repeat application seeking anticipatory bail.. Earlier his prayer for bail was considered and disposed of in the following manner: “This application seeking bail stands disposed of in the following manner. (a) no coercive steps for securing arrest of the petitioner in Complaint Case no. 922 of 2007, Tr. No. 1 of 2007 shall be taken for a period of one month from today i.e. up to 5th May 2009. (b) In the meanwhile as per observation of the learned Sessions Judge if any compromise application is filed and prayer for regular bail is made, the same shall be considered in accordance with law keeping in view the observations already made by the learned Sessions Judge under the impugned order. The application is disposed of.” Instead of surrendering and applying for regular bail in terms of the said order, petitioner again moved the learned Sessions Judge for anticipatory bail which has been considered and rejected in the following term: “3) Thus, as per observation of the Hon'ble Court matter of compromise will be considered when regular bail is filed which shows that the petitioner should surrender before the court below and pray for regular bail. Earlier, the anticipatory bail petition of this petitioner was rejected by this 2 court on 28.8.08 vide A.B.P. no. 871/08. Hence, the petitioner is directed to surrender before the court below and pray for regular bail there. This petition for anticipatory is accordingly rejected” Learned counsel for the petitioner submits that the wife has contracted second marriage with a person who has been made opposite party in the present proceeding. Let the petitioner surrender in the court below and apply for regular bail within 04 weeks and raise all these issues/points which shall be considered by the trial court uninfluenced by the present order. The application is dismissed with aforesaid observation. pkj ( Kishore K. Mandal, J. )