Patna High CourtCR. MISC./59438/2024disposed

Ram Babu Ray @ Ram Babu Roy v. The State Of Bihar

2024-09-17Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59438 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ram Babu Ray @ Ram Babu Roy S/o Late Kuwar Ray @ Kumar Roy R/o vill - Fatehpur Chaksuleman, P.s. - Goraul (Kathara O.P.), Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar 2.

Smt. Ravita Devi W/o Rabindra Ray R/o vill - Fatehpur Chaksuleman, P.s .- Goraul (Kathara O.P.), Distt. - Vaishali. Naihari Address - D/o Wakil Rai, R/o vill - Kushada (Purkhauli), P.O. and P.S. - Lalganj, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudha For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 354B, 379 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 carries punishment of seven years and less. The said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner. The learned counsel for the petitioner next submits that investigation in the case against the petitioner is still continuing, but then the petitioner has not been given the benefit of Section 41A of the Cr.P.C. on which the learned APP submits that the

Patna High Court CR. MISC. No.59438 of 2024(2) dt.17-09-2024 2/2 case be disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar).

4. In view of the submissions made by the learned APP that anticipatory bail application is disposed of in terms of order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar).

5. The petitioner will 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.) Sudhanshu/- U T