Patna High CourtCR. MISC./64268/2024disposed

Anand Kumar v. The State Of Bihar

2024-10-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64268 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Anand Kumar Son of Brij Kishor Singh Resident of village - Darmaha Ward No.- 11, P.S.- Keshariya, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Saniya Devi Daughter of Sanjeev Kumar @ Sushil Singh Resident of village - Mananpur, P.S.- Kalyanpur, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Kesariya P.S. Case No. 133 of 2024 for the offences punishable under Sections 312 and 498A of the Indian Penal Code and Sections 3⁄4 of the D.P. Act.

3. The learned APP Sri Mritunjay Kumar Nirala submits that the offence for which the instant FIR has been instituted,

Patna High Court CR. MISC. No.64268 of 2024(2) dt.23-10-2024 2/3 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.

4. 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 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 13-22024 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 13-

Patna High Court CR. MISC. No.64268 of 2024(2) dt.23-10-2024 3/3 2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) Prakash/- U