Patna High CourtCR. MISC./67629/2023disposed

Sunny Kumar v. The State Of Bihar

2024-04-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67629 of 2023 Arising Out of PS. Case No.-828 Year-2023 Thana- DANAPUR District- Patna ====================================================== Sunny Kumar Son Of Hare Krishna Prasad Resident Of Mohalla - Vihar Colony, Road No 6(A), Beur, P.S. - Beur, District - Patna ... ... Petitioner/s

Versus

The State Of Bihar 2.

Archana Kumari Wife Of Sunny Kumar, Daughter Of Raju Prasad Resident Of Mohalla - Gabhtal, Banke Babu Ki Gali, P.S. - Danapur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024

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 counsel for the parties jointly submitted that the case was referred for mediation, but then the mediation proceeding failed.

3. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in a case registered under Section 498(A) and 34 of the IPC read with Section 3 & 4 of the Dowry Prohibition Act.

4. It is next submitted that investigation in the case is still pending.

5. The learned APP submits that the offences for

Patna High Court CR. MISC. No.67629 of 2023(4) dt.18-04-2024 2/3 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.

6. In view of the submissions 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).

7. The petitioner would be at liberty to file a 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).

8. At this stage, the learned counsel appearing on behalf of the O.P. No.2 submits that O.P. No.2 has also filed a maintenance case being Maintenance Case No.269 of 2023, which pending adjudication in the court of learned Principal Judge, Family Court, Patna, in which the next date is

Patna High Court CR. MISC. No.67629 of 2023(4) dt.18-04-2024 3/3 10.07.2024.

9. The learned counsel appearing on behalf of the petitioner submits that he will inform the petitioner about the pendency of the aforesaid maintenance case, so that he appears on the next date i.e. 10.07.2024.

(Satyavrat Verma, J) Prakash Narayan U T