Harsha Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56773 of 2024 Arising Out of PS. Case No.-502 Year-2023 Thana- TEKARI District- Gaya ====================================================== Harsha Raj Son Of Bharat Prasad Gupta R/O- Sanjan Interlekan Block-2, Flat No. 102, P.S.- Dulapathi Hyderabad 9andhra Pradesh) And Permanent At Sahara City, Flat No. 860, Mango, P.S.- Mango, Distt.- Jamshedpur (JHARKHAND) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rupa Rachna Wife Of Harsha Raj, D/O- Dr. Rajan R/V- Village- MohallaRikabganj, P.S.- Tikari, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Chandra Bhushan Prasad. 2.

The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Tekari P.S. Case No. 502 of 2023 for the offences punishable under Sections 498A, 341, 323, 342, 504, 506 and 420 of the Indian Penal Code. 3.

The learned APP, Shri Chandra Bhusan Prasad, submits that the offence for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner.

4.

The learned counsel for the petitioner further submits that investigation in the case against the petitioner is still continuing

Patna High Court CR. MISC. No.56773 of 2024(2) dt.05-08-2024 2/2 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 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