Patna High CourtCR. MISC./41928/2024disposed

Kumari Pratibha Sinha v. The State Of Bihar

2024-07-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 41928 of 2024 Arising Out of PS. Case No.-405 Year-2010 Thana- ARARIA District- Araria ====================================================== Kumari Pratibha Sinha Wife Of Sri Lalan Prasad Village- Bakaur, PsIslampur Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

1. Heard the learned counsel for the petitioner Mr. Ajay Kumar Thakur and the learned APP for the State Mr. Chandra Bhushan Prasad.

2. The petitioner apprehends her arrest in connection with Araria P.S. Case No.405/2010 dated 12.09.2010, registered for the offences punishable under Sections 418, 420, 423, 468, 469, 471, 474, 120(B) of the Indian Penal Code.

3. The learned counsel for the petitioner Mr. Ajay Kumar Thakur submits that instant F.I.R. was instituted on 12.09.2010 but then petitioner was completely unaware that any F.I.R. has been instituted against her. It is next submitted that petitioner is working as Grade-A Nurse, at Amro Additional P.H.C., Nalanda. It is also submitted that till date no process

Patna High Court CR. MISC. No. 41928 of 2024(2) dt.24-07-2024 2/3 under section 82 Cr.P.C. has been issued, on which, the learned APP Mr. Chandra Bhushan Prasad submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries punishment of 7 years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

4. The learned counsel for the petitioner Mr. Ajay Kumar Thakur further submits that investigation against the petitioner is still continuing and the petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which, the learned APP submits that the case be disposed in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

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

Patna High Court CR. MISC. No. 41928 of 2024(2) dt.24-07-2024 3/3 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