Prakash Kumar Chaursiya @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32700 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Prakash Kumar Chaursiya @ Prakash Kumar, aged about 26 years, Male, S/o Ayodhya Prasad Churasiya, Resident of Ward No. 8, Sasaram, Chuna Bhatha Gali, Bauliya Mor, PS- Sasaram Town, Dist. Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Kumari, aged about 22 years, (Female), W/o Prakash Kumar Chaurasiya, D/o Gupteshwar Prasad Gupta, R/o Village and P.O.- Dadar, PS Mohania, Dist. Kaimur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the State :
Mr. Damodar Prasad Tiwary, APP For the OP No.2 :
Mr. Rajesh Kumar Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner, learned counsel for the OP No.2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Mohania PS Case No.59 of 2024 dated 29.01.2024, instituted under Sections 341, 323, 498-A, 406, 504, 506/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the petitioner is the husband of the OP No. 2 and he is on police bail under Section 41of the Code of Criminal Procedure.
4. In such circumstances, this application for grant of
Patna High Court CR. MISC. No.32700 of 2024(6) dt.04-10-2024 2/2 anticipatory bail is not maintainable in view of the judgment of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in (2004) 3 PLJR 491.
5. Accordingly, this application is disposed of as not maintainable in view of the decision in the case of Mahendra Prasad Singh (supra).
(Khatim Reza, J) J. Alam/- U T