Patna High CourtCR. MISC./18572/2024disposed

Umesh Manjhi @ Umesh Kumar Manjhi v. The State Of Bihar

2024-09-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18572 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- GARKHA District- Saran ====================================================== Umesh Manjhi @ Umesh Kumar Manjhi Son of Ram Ekbal Manjhi R/o Motirajpur, P.S.- Garkha, District- Saran (Chhapra) ... ... Petitioner/s

Versus

The State of Bihar 2.

Amrita Kumari W/o Umesh Manjhi @ Umesh Kumar Manjhui, D/o Hardeo Manjhi R/o Bibipur, P.O. and P.S.- Garkha, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024

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 Garkha P.S. Case No. 214 of 2023 registered for the offences punishable under Sections 341, 323, 498(A), 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. It is further submitted that the investigation in the case against the petitioner is still continuing, but then petitioner has not been given the benefit of Section 41A of the Cr.P.C.

3. The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioner carries punishment of less than seven years and

Patna High Court CR. MISC. No.18572 of 2024(4) dt.05-09-2024 2/2 the investigation against the petitioner is continuing as submitted by the learned counsel appearing on behalf of the petitioner, hence the case be disposed of in terms of order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

4. 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).

5. 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 the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T