Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4640 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- KHUDAGANJ District- Nalanda ====================================================== Raj Kumar Son Of Sri Krishna Yadav Resident Of Village - Kewai, Police Station - Khudaganj, District - Nalanda ... ... Petitioner/s

Versus

The State Of Bihar & Anr.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Khudaganj P.S. Case No. 78 of 2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

3.

Learned APP, at the outset, submits that from office report dated 31-7-2024, it would manifest that the same records that process server reported that no such Opposite Party No. 2 resides at the given address.

4.

The learned APP submits that the offence for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner. 5.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.4640 of 2024(4) dt.05-08-2024 2/2 investigation in the case against the petitioner is still continuing and he has not been granted the benefit of Section 41A of the Cr.P.C, on which the learned APP thus submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). 6.

In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

7.

The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). (Satyavrat Verma, J) SUMIT/- U T