IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50258 of 2008 PULINDER MANDAL Versus STATE OF BIHAR ----------- 2. 19.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is the husband, apprehends arrest in a complaint case in which cognizance was originally taken under Section 323 and latter Section 498 A of the Penal Code was added. The petitioner was granted bail on 14.2.2007 under Section 323 of the Penal Code. Cognizance then came to be taken under Section 498 A in pursuance of a revision application. The question of grant of anticipatory bail to him in a case in which he is already in constructive custody of law simply does not arise. To that extent, the application for anticipatory bail is misconceived. It is, accordingly, rejected. Any application for regular bail shall be considered by the court below in accordance with law for the persons already on bail, if there has been any misuse, threatening of witnesses, tampering of evidence etc. in the background of the fact that he has already filed a matrimonial case for divorce and the guidelines laid down by this Court in matrimonial matters without being prejudiced by the present order. AKS/ (Navin Sinha, J.)