Patna High CourtCR. MISC./48798/2024disposed

Md. Meraj v. The State Of Bihar

2024-10-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48798 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Meraj S/o Late Md. Yasin R/o vill - Faijpur, P.S. - Nanpur, Distt. - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar 2.

Muskan Khatoon W/o Md. Meraj R/o vill - Faijpur, ward no. 1, P.S. - Nanpur, Distt. - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zaki Haider For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Nanpur P. S. Case No.323 of 2023 for the offences punishable under Sections 341, 323, 324, 354(B), 498(A), 504 and 506/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3. The learned counsel for the petitioner submits that from perusal of offence report dated 27.09.2024, it would manifest that the same records that service report of

Patna High Court CR. MISC. No.48798 of 2024(3) dt.03-10-2024 2/3 the notice till date has not been received.

4. The nature of order the Court intends to pass, for that notice is not required as it has been submitted by the learned A.P.P. that the offences for which the instant FIR has been instituted, carries punishment of seven years and less, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

5. The learned counsel for the petitioner next submits that investigation in the case against the petitioner is still continuing, but then, the petitioner has not been granted the benefit of Section 41(A) of the Cr.P.C, on which the learned APP submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

Patna High Court CR. MISC. No.48798 of 2024(3) dt.03-10-2024 3/3

7. The petitioner would be at liberty 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, with a web copy of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) vikash/- U T