Md. Imran Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49378 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- Cyber P.S. District- Sitamarhi ====================================================== 1.

Md. Imran Ansari Son of Mohammad Safik Ansari Resident of VillKoriyahi, Tole Kalayan Patti, Ward No. 3, P.S.- Sursand, District- Sitamarhi (Wrongly mentioned in FIR as Ward No. 3, Koriyahi, Tole Koriyahi @ Kalyanpatti, Koriyahi) 2.

Ume Habiba @ Umme Habiba Wife of Md. Imran Ansari Resident of VillKoriyahi, Tole Kalayan Patti, Ward No. 3, P.S.- Sursand, District- Sitamarhi (Wrongly mentioned in FIR as Ward No. 3, Koriyahi, Tole Koriyahi @ Kalyanpatti, Koriyahi) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

sanjay sharma zenith Leisure Holiday Ltd. No. 206 2nd floor Pragati tower, Ranjendra Place, New Delhi-110008 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar For the Informant :

Mr. Apurv Harsh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 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 Sitamarhi Cyber P.S. Case No. 10 of 2024 registered for the offences punishable under Sections 406, 420 and 379 of the Indian Penal Code.

3.

The learned APP for the State submits that the offences for which the instant FIR has been instituted against the petitioners carries punishment of seven years and less, the said submission of the learned APP is not disputed by the learned

Patna High Court CR. MISC. No.49378 of 2024(4) dt.07-10-2024 2/2 counsel appearing on behalf of the petitioners and the informant. 4.

The learned counsel for the petitioners next submits that the investigation against the petitioners in the case is still continuing, but then they have not been given the benefit of Section 41A of the Cr.P.C.

5.

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

6. The petitioners 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 the order dated 13-22024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T