← Library
Patna High CourtCR. MISC./1697/2023rejected

Vishwajeet Soni v. The State Of Bihar

2023-05-03Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1697 of 2023 Arising Out of PS. Case No.-232 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Vishwajeet Soni, aged about 24 years (Male), Son of Ramanuj Prasad Soni @ Ramanuj Prasad, Resident of Village- Jagdev Nagar By Pass, P.S.- Aurangabad, District- Aurangabad (Bihar), Pin Code- 824101 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Devi @ Verma Manju Ben Wife of Vishwajeet Soni Resident of Village- Jagdev Nagar By Pass, P.S.- Aurangabad, DistrictAurangabad(Bihar). Presently residing at Village- Gorari, P.S.- Karakat, District- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Chandra Shekhar Azad For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 03-05-2023 Heard learned counsels for the respective parties. This is second round of litigation by the petitioner insofar as seeking anticipatory bail arising out of Complaint Case No. 232 of 2017 for the alleged offences punishable under Sections 323, 341, 498 A and 504 of the Indian Penal Code, Section 3/4 of the Dowry Prohibition Act, 1961 which is pending consideration on the file of Sub-divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram.

Perusal of the records, it is evident that complaint relates back to the year 2017, anticipatory bail is filed in the

Patna High Court CR. MISC. No.1697 of 2023(6) dt.03-05-2023 2/2 year 2019, criminal proceedings No. 80242 of 2019 was disposed of on 03.11.2021. Thereafter, the present criminal miscellaneous No. 1697 of 2023 has been filed. These dates and events reveal that there is no threat of arrest so as to entertain anticipatory bail in complaint case of the year 2017 in the year 2023. Accordingly, present Cr. Misc. Case No. 1697 of 2023 stands rejected.

However, the petitioner is at liberty to surrender before the jurisdictional Court and make necessary regular bail application. If he surrenders and regular bail application is submitted by him, the jurisdictional Court is hereby requested to decide the petitioner's regular bail application on the same day. (P. B. Bajanthri, J) GAURAV S./- U T