Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6761 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- NAUGACHIA MAHILA P.S. DistrictBhagalpur ====================================================== Rahul Raj Son of Ambika Sah Resident of Village- Dhanauraa, P.S. - Rasalpur, District- Bhagalpur, at present resident of House No. 1317, Naya Line, B-Block, Sonari, Jamshedpur, P.S. - Sonari, District - East Singhbhum (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aarti Kumari @ Aarti Raj Wife of Rahul Raj, Daughter of Chhatis Sah Resident of Village- Tintanga Karari, P.S. - Gopalpur, District - Bhagalpur (Informant) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Ms. Asha Devi- A.P.P.

Mr. Sharda Nand Mishra Mr. Deepak Kumar Mr. Dhandev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Naugachia (Mahila) P. S. Case No.11 of 2024 for the offences punishable under Sections 498(A), 341, 323, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3. The learned APP submits that the offence for which the instant FIR has been instituted, carries punishment of less

Patna High Court CR. MISC. No.6761 of 2025(4) dt.02-07-2025 2/3 than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner and the informant, but then, the learned counsel appearing on behalf of the petitioner submits that no coercive action was granted to the petitioner by this Court by an order dated 07.03.2025

4. The learned counsel for the petitioner next submits that investigation in the case against the petitioner is still continuing, but then, the petitioner has not been granted the benefit of Section 41(A) of the Cr.P.C, on which the learned APP submits that the case can 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).

5. 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).

6. 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 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad

Patna High Court CR. MISC. No.6761 of 2025(4) dt.02-07-2025 3/3 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 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) vikash/- U T