Md. Hasnain Hasim @ Md. Hasnain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55253 of 2024 Arising Out of PS. Case No.-646 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Md. Hasnain Hasim @ Md. Hasnain S/o Md. Hasim Resident of Village - Majrulhaque Colony, P.S. - Sarai O.P., Distt. - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shahjhan Khatoon W/o Hasnain Hasim R/o Mohalla - Mazrulhaque Colony, P.O. - Siwan, P.S. - Siwan Muffasil, Distt. - Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No. 646 of 2023 for the offence registered under Sections 341, 323, 498A, 494, 504 and 506/34 of the Indian Penal Code.

3. Learned APP for the State, at the outset submits that the offences for which the instant FIR has been instituted carries punishment of less than seven years. The said submission of learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

4. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No.55253 of 2024(2) dt.02-09-2024 2/2 that investigation in the case against the petitioner is still continuing but then the petitioner has not been given the benefit of Section 41(A) of the Cr.P.C., on which learned APP submits that anticipatory bail application be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari vs. The State of Bihar).

5. In view of the submission made by the learned Additional P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioner would be at liberty to file 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 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 order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024. (Satyavrat Verma, J) Jagdish/- U T