Monika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42105 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Monika Kumari D/o - Ram Kishun Singh Village- Karhansi Ps- Natwar Dist- Rohtas 2.

Savitri Devi W/o- Ram Kishun Singh Village- Karhansi Ps- Natwar DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra, Adv For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP Mr. Manoj Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2.

The learned counsel for the petitioners submits that petitioners seek anticipatory bail in connection with Ara Nawada P.S. Case No. 140 of 2025 for the offences punishable under Sections 115(2), 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of D.P. Act.

3.

The learned APP, at the outset, submits that the offences for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on

Patna High Court CR. MISC. No.42105 of 2025(2) dt.09-07-2025 2/2 behalf of the petitioners and the informant.

4.

The learned counsel for the petitioners submits that investigation in the case against the petitioners is still continuing but then the petitioners have not been given notice under Section 35 of the Bharatiya Nagrik Suraksha Sanhita (BNSS). 5.

Learned APP, at this stage, submits that Section 35 BNSS is akin to Section 41 Cr.P.C. It is next submitted that this Court considered the scope of Section 41A Cr.P.C. by an order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). Learned APP, thus, submits that petitioners be directed to file a representation before the authorities concerned under Section 35 BNSS. 6.

After hearing learned counsel for the parties, the anticipatory bail application is disposed of with a liberty to the petitioners 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, in terms of Section 35 BNSS; and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the provisions contained in Section 35 BNSS.

(Satyavrat Verma, J) Sumit/- U T