Anish Kumar @ Anish Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48422 of 2024 Arising Out of PS. Case No.-1189 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Anish Kumar @ Anish Paswan Son of Pramod Paswan Resident of Village - Kathariya Moglaha, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sandhya Devi Wife of Anish Kumar @ Anish Paswan Resident of Village - Kathariya Moglaha, Ward No.- 11, P.S.- Turkauliya, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava For the Opposite Party/s :
Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024
1. Heard the learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No.1189/2023, registered for the offences punishable under Sections 341, 323, 379, 354, 504, 506, 34, 498A of the Indian Penal Code & Sections 3⁄4 D.P. Act.
3. The learned counsel submits that from perusal of the office report dated 30.09.2024, it would manifest that the same records that house service of the notice was effected as the O.P. No.2 was not present in her house. Be that as it may, the learned APP submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of 7 years and less. The said submission of the learned APP is not disputed by the
Patna High Court CR. MISC. No.48422 of 2024(3) dt.03-10-2024 2/2 learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioner further submits that the investigation in the case against the petitioner is still continuing but the petitioner has not been given the benefit of Section 41(A) Cr.P.C., on which, the learned APP submits that the case be disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).
4. 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).
5. 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