Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66425 of 2023 Arising Out of PS. Case No.-1335 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Nitish Kumar, Son Of Asharfi Mahto, R/O Village - Bachauli Ward No. 6, P.S. - Khanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanda Kumari, wife of Nitish Kumar, R/o village - Bachauli, Ward No. 6, P.S. - Khanpur, Distt. - Samastipur, At present R/o village - Madhu Tole, Ward No. 10, P.O. - Jahagirpur, P.S. - Khanpur, Distt. - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Ramchandra Sahni, APP For the O.P.No.2 :

Mr. Raja Ram Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the opposite party no.2.

2. In the present case, the petitioner is apprehending his arrest in connection with Complaint Case No. 1335 of 2022, registered for the alleged offences under Sections 147, 341, 323, 406, 379, 498(A), 504 and 506 of the Indian Penal Code in which cognizance has been taken under Section 498A of the Indian Penal Code.

3. However, I do not think there should be any apprehension in the mind of the petitioner since the Hon'ble

Patna High Court CR. MISC. No.66425 of 2023(3) dt.27-02-2024 2/3 Apex Court in the case of Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273 [Para-11] and recently in the case of Mohd. Asfak Alam v. State of Jharkhand, reported in (2023) 8 SCC 632, issued following directions in order to ensure that police officers do not arrest the accused unnecessarily and Magistrates do not authorize detention casually and mechanically:

"11.1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 CrPC;

11.2. All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

11.3. The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

11.4. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

11.6. Notice of appearance in terms of Section 41-A CrPC be served on the accused within two weeks from the date of institution of

Patna High Court CR. MISC. No.66425 of 2023(3) dt.27-02-2024 3/3 the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.

11.8.

Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court."

4. In the light of aforesaid directions of the Hon'ble Supreme Court in the cases of Arnesh Kumar & Mohd. Asfak Alam (supra), this petition could not be entertained at this stage.

5. Hence, the present petition stands disposed of in terms of the aforesaid directions.

(Arun Kumar Jha, J) V.K.Pandey/- U T