Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59336 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Manoj Kumar Sharma Son Of Late Saryu Mistry Village- Hajipur Gola, PsRafiganj, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi Wife Of Late Naresh Choudhary Village- Hajipur Gola, PsRafiganj, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Prasad Singh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned 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 Rafiganj P.S. Case No. 340 of 2023 for the offences punishable under Sections 406, 420 and 468 of the Indian Penal Code.

3.

The learned APP, at the outset, submits that the offences 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 petitioner and OP No. 2.

4.

The learned counsel for the petitioner next submits

Patna High Court CR. MISC. No.59336 of 2024(3) dt.26-10-2024 2/2 that investigation in the case against the petitioner is still continuing but then the petitioner has not been granted the benefit of Section 41(A) of the Cr.P.C, on which the learned APP 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 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 order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) SUMIT/- U T