Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13820 of 2025 Arising Out of PS. Case No.-159 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== 1.

Sunita Devi Wife of Indeshwari Yadav Resident of Village- Ramnagar Farsahi, Milik, Ward No. - 8, Banmankhi, District- Purnea 2.

Rupesh Kumar Son of Indeshwari Yadav Resident of Village- Ramnagar Farsahi, Milik, Ward No.- 8, Banmankhi, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Diksha, Advocate Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Banmankhi P.S. Case No. 159 of 2024, dated 27.04.2024 registered for the offences punishable under Sections 323, 324, 325, 341, 354, 354(A), 379, 448, 504, 506, 509/34 and 354(B) of the Indian Penal Code.

3. Learned A.P.P., at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of seven years and less.

4. The said submission of the learned A.P.P. for the State is not disputed by the learned counsel appearing on behalf of the petitioners.

Patna High Court CR. MISC. No.13820 of 2025(3) dt.12-05-2025 2/3

5. Learned counsel appearing on behalf of the petitioners submits that the investigation of the case against the petitioners is still continuing but then the petitioners have not been issued notice under Section 41(1)(b) of the Cr.P.C. on which learned A.P.P. submits that the anticipatory bail application be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

6. In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

7. The petitioners 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 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

8. At this stage, learned counsel appearing on behalf

Patna High Court CR. MISC. No.13820 of 2025(3) dt.12-05-2025 3/3 of the petitioners submits that the learned District Court in mechanical manner rejects the prayer for anticipatory bail without appreciating the judgment of this Court passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar) vide order dated 13.02.2024.

9. Let a copy of this order be communicated to the learned Additional Sessions Judge-I, Purnea for his perusal. (Satyavrat Verma, J) Kundan/- U T