Raj Kumar Sah @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57055 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Raj Kumar Sah @ Raj Kumar S/O Ramesh Sah R/O Village-Parsa,PSPurushottampur, Distt-West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sundari Devi W/O Raj Kumar Sah @ Raj Kumar, D/O Yogendra Sah R/O Village-Parsa, PS-Purushottampur, Distt-West Champaran Presently residing at Thatwa Rakhai,PS-sikarpur,Distt-West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2025 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 Purushottampur P.S. Case No. 08 of 2024 registered for the offences punishable under Sections 341, 323, 504, 506, 498A and 34 of the Indian Penal Code.

3.

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

Patna High Court CR. MISC. No.57055 of 2024(3) dt.22-01-2025 2/3 4.

The learned counsel for the petitioner next submits that investigation against the petitioner in the case is still continuing, but then notice under Section 41A of the Cr.P.C. has not been given to the petitioner.

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. At this stage, the learned counsel appearing on behalf of the petitioner submits that petitioner and the O.P. No. 2 are husband and wife and the O.P. No. 2 earlier instituted the instant case and subsequently instituted a complaint case being Complaint Case No. 401 of 2023 which is pending adjudication before the learned Trial Court. It is next submitted that petitioner in Complaint Case No. 401 of 2023 had come to this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 33520 of 2024 and the same was allowed by an order dated 09.12.2024 with certain conditions, on which the learned APP submits that the petitioner can raise all these issues before the Investigating Officer of the case.

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

Patna High Court CR. MISC. No.57055 of 2024(3) dt.22-01-2025 3/3 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