Patna High CourtCR. MISC./56748/2024disposed

Rustam Khan @ Rustam Ali v. The State Of Bihar

2024-08-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56748 of 2024 Arising Out of PS. Case No.-583 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== RUSTAM KHAN @ RUSTAM ALI SON OF KAJRU KHAN Resident of Village - Shumali, P.S. - Sherghati, District- Gaya, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

RESHAMA PARVEEN WIFE OF IMRAN KHAN RESIDENT OF VILLAGE - KHAJURIYA, P.S. - BANKE BAZAR, DISTRICT - GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Singh For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024

1. Heard the learned counsel for the petitioner and the learned APP for the State.

2. The defects, as pointed out by the office are ignored.

2. The petitioner apprehends his arrest in connection with Sherghati P.S. Case No.583/2023, registered for the offences punishable under Sections 354(B) and 34 of the Indian Penal Code read with Section 67 (c) of the I.T. Act.

3. The learned APP at the outset 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 learned

Patna High Court CR. MISC. No.56748 of 2024(2) dt.02-08-2024 2/2 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 and he has not been granted 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