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Patna High CourtCR. MISC./38071/2023disposed

Prabhat Kumar v. The State Of Bihar

2024-04-25Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38071 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== PRABHAT KUMAR Son of Rajeshwar Singh Resident of village - Gokhulpur, P.S. - Kudra, Distt. - Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Kumari Wife of Prabhat Kumar Resident of village - Gokhulpur, P.S. - Kudra, Distt. - Kaimur. At present D/o Ashok Singh, resident of village - Hatta, P.S. - Chainpur, Distt. - Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the O.P. No.2.

2. The learned counsel for the parties jointly submitted that the case was referred for mediation but then the mediation proceeding failed.

3. The learned counsel for the petitioner next submits that the petitioner seeks anticipatory bail in connection with Kudra P.S. Case No.77/2023, registered for the offence punishable under Sections 341, 323, 498A, 379, 506 and 34 of the Indian Penal Code & Sections 3⁄4 D.P. Act. It is next submitted that investigation of the case is still pending before the learned S.D.J.M., Kaimur at Bhabua.

Patna High Court CR. MISC. No.38071 of 2023(5) dt.25-04-2024 2/2

4. The learned APP submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of less than 7 years. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner and the O.P. No.2.

5. In view of the submission made by the learned APP the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

6. The petitioner would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure that Investigating Officer of the case strictly adhere to the direction contained in the said order.

(Satyavrat Verma, J) amit/- U T