Samant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55366 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Samant Kumar S/o Pramod Thakur @ Pramod Kumar R/o Village-Muradpur Dullah, P.S.-Ahiyapur, District-Muzaffarpur, Bihar, 842004 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lucky Kumari W/o Samant Kumar D/o Abhishek Sharma R/o VillageMuradpur Dullah, P.S.-Ahiyapur, District-Muzaffarpur, Bihar 842004 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned senior counsel appearing on behalf of the OP No. 2.

2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Ahiyapur P.S. Case No. 192 of 2024 for the offences punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 3.

The learned APP submits that the offence 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 learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.55366 of 2024(2) dt.06-08-2024 2/3 petitioner and the learned senior counsel appearing on behalf of the OP No. 2.

4.

The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing and he has not been granted the benefit of Section 41A of the Cr.P.C, on which the learned APP thus 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).

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 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 132-2024 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 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad

Patna High Court CR. MISC. No.55366 of 2024(2) dt.06-08-2024 3/3 Ansari vs. the State of Bihar).

7.

At this stage, the learned counsel appearing on behalf of the petitioner based on instruction submits that petitioner is willing to pay a monthly maintenance of Rs. 20,000/- to the OP No. 2 till the case is not adjudicated in the trial or maintenance is not fixed by a court of competent jurisdiction.

8.

Accordingly, the anticipatory bail application is disposed of.

(Satyavrat Verma, J) SUMIT/- U T