Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50633 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== MD. CHAND SON OF GULPHIKAR SAH RESIDENT OF VILLAGE - SAKRA RAGHUNATHPUR DONMA, P.S. - SAKRA, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MUSARRAT PRAVEEN WIFE OF MD. CHAND, DAUGHTER OF MD. MAUKHTAR SAH RESIDENT OF VILLAGE - CHAKAHLEDAD, P.S. - GATHO, DISTRICT - SAMASTIPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sarairanjan (Ghatho O.P.) P.S. Case No. 292 of 2023, dated 20.10.2023 registered for the offences punishable under Sections 341, 323, 498(A) and 504 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the case was taken up on 21.08.2024 and notices were issued on opposite party no. 2 by both process, but from perusal of the office report, it manifests that service report of ordinary notice and A/D of registered notice have not been received.

4. The Court proceeds to decide the case on merits in

Patna High Court CR. MISC. No.50633 of 2024(3) dt.24-09-2024 2/3 view of the submissions made by the learned A.P.P. that the case may be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024 (Naushad Ansari Vs. The State of Bihar).

5. Learned A.P.P. submits that the offences for which the instant FIR has been instituted against the petitioner carry punishment of less than seven years.

6. The said submission of the learned A.P.P. is not disputed by the learned counsel appearing on behalf of the petitioner.

7. Learned counsel appearing on behalf of the petitioner based on instruction submits that investigation in the case against the petitioner is still continuing but then petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned A.P.P. submits that the case be disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

8. In view of the submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024.

9. 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 13.02.2024 passed

Patna High Court CR. MISC. No.50633 of 2024(3) dt.24-09-2024 3/3 in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 passed in Cr. Misc. No. 3536 of 2024. (Satyavrat Verma, J) Kundan/- U T