ABINASH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Abinash Kumar @ Avinash Kumar @ Pappu, in connection with Complaint Case No.988 of 2013 under Sections 498A, 323 and 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) Perused the above application and materials on record including a copy of the order, dated 18.03.2015, passed, in A.B.P. No. 2494 of 2014, by the learned Sessions Judge, Rohtas, Sasaram dismissing the said application for pre-arrest bail.

(3.) Heard Mr. Rajesh Kumar Mishra, learned Counsel for the petitioner, and Mr. Yogendra Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. Because of the fact that Section 438 of the Code of Criminal Procedure applies to a situation, wherein a person, apprehending arrest in connection with non-bailable offence, may seek bail, it logically follows that when an accused is summoned to appear in a complaint case involving commission of a nonbailable offence, he cannot contend, in the face of the provisions of Section 438 of the Code of Criminal Procedure, that he is likely to be arrested in connection with non-bailable offence inasmuch as the obligation of such an accused person is to appear in the complaint case pursuant to the summon issued to him and he may, on such appearance, apply for bail.