Mahtab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 68929 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== MAHTAB ALAM S/O LATE SHEIKH BHIKHARI R/O VILLAGE-BARWA KALA, PS- SATHI, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

HAYA SADAF W/O MAHTAB ALAM, D/O RAIFUL AZAM R/O VILLBARWA KALA, PS-SATHI, DISTRICT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Bimlesh Kumar Pandey, Advocate For the S t a t e :

Ms Sangeeta Sharma, APP For the I n f o r m a n t :

Mr Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, learned APP for the State of Bihar along with learned counsel for Opposite Party No 2.

2 The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Bettiah (Mahila) PS Case No 18 of 2023 instituted for the offences punishable under Sections 498A, 341, 323, 379, 354B, 494, 504, 506/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3 It is next submitted that investigation in the case is still going on.

4 The learned APP submits that the offence for which the instant FIR has been instituted, carries punishment of seven years or less, the said submission of the learned APP is not

Patna High Court CR. MISC. No.68929 of 2023(4) dt.18-04-2024 2/2 disputed by the learned counsel appearing on behalf of the petitioner.

5 In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 passed in Cr Misc No 3536 of 2024 (Naushad Ansari -Versus- The State of Bihar). 6 The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigation Officer of the case, within a period of three weeks from today, with a web copy of the order dated 13.02.2024 passed in Cr Misc No 3536 of 2024 (Nauhad Ansari -Versus- 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 13.02.2024 passed in Cr Misc No 3536 of 2024 (Naushad Ansari -Versus- The State of Bihar).

7 At this stage, it is submitted that the case was referred for mediation but then the mediation proceedings failed.

(Satyavrat Verma, J) M.E.H./- U T