Akhilesh Kumar @ Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61991 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- MAHILA P.S. District- Nawada ====================================================== AKHILESH KUMAR @ AKHILESH YADAV SON OF JAGDISH YADAV RESIDENT OF VILLAGE- HIRAMAN BIGHA, PS- NARDIGANJ, DIST -NAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NIBHA DEVI DAUGHTER OF YOGENDRA YADAV RESIDENT OF VILLAGE- MOTNAJE, PS- NARDIGANJ, DIST -NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP Mr. Shashikant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024

1. Heard learned counsel for the petitioner, learned APP for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The learned APP, Ms. Pronoti Singh at the outset submits that the case was referred for mediation by an order dated 17.02.2024 and from perusal of the interim report of the learned mediator dated 04.04.2024, it would manifest that the same records that both the parties were absent and it were the learned counsels on behalf of the parties who had prayed for extension of time based on which the interim report came to be submitted.

3. The learned APP thus submits that since the parites did not appear before the learned mediator, that in itself

Patna High Court CR. MISC. No.61991 of 2023(4) dt.20-04-2024 2/3 demonstrates that they are not ready for any mediation.

4. The learned counsel appearing on behalf of the parties also jointly submitted that the petitioner and the O.P. No.2 never appeared before the learned mediator.

5. In view of the submissions made by the learned counsels for the parties, no useful purpose would be served by keeping the case pending.

6. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in a case registered under Section 341, 34, 323, 504, 506 and 498A of the IPC read with Section 3 & 4 of the D.P. Act and the investigation in the case is still pending.

7. The learned APP submits that the offences 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 the learned counsel for the petitioner and the O.P. No.2.

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

9. The petitioners would be at liberty to file a

Patna High Court CR. MISC. No.61991 of 2023(4) dt.20-04-2024 3/3 representation before the concerned Superintendent of Police and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 within a period of three weeks from today and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Prakash Narayan U T