Shifarat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43134 of 2024 Arising Out of PS. Case No.-1648 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Shifarat S/O Late Md. Jalaluddin resident of village-Dhapi, P.S.- Jokihat, District-Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bibi Musarrat W/o Shifarat R/o Village- Dhapi, P.S.-Jokihat, District-Araria, at present, R/o Village- Kakurwa, Ward No.25, P.S.-Araria, district-araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mandal, Advocate For the State :
Mr. Gauri Shankar Gupta, APP For the informant :
Mr. Mukesh Kumar Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner is the husband of O.P. No. 2.
3. The petitioner apprehends arrest in connection with Complaint Case No. 1648C of 2021 dated 17.11.2021 instituted for the offence punishable under Section 498(A)/34 of the Indian Penal Code.
4. At the outset, learned counsel for the informant submits that the anticipatory bail application of the petitioner has been rejected on 15.06.2022 by Sessions Judge, Araria. After two years of the impugned order, the present anticipatory bail application has been filed before this Court. Learned counsel for the informant further submits that process under
Patna High Court CR. MISC. No.43134 of 2024(2) dt.10-07-2024 2/2 Section 83 Cr.P.C. has also been issued by Judicial Magistrate against the accused persons including the petitioner on 27.09.2023. It is prayed by the learned counsel for the informant that in such circumstances, the present anticipatory bail application is not maintainable.
5. Since the process under Section 83 Cr.P.C. has been issued against the petitioner, the present anticipatory bail application is not maintainable.
6. Accordingly, this anticipatory bail application is dismissed as not maintainable.
(Khatim Reza, J) premchand/- U T