Md. Manjur Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67364 of 2023 Arising Out of PS. Case No.-1115 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== MD. MANJUR ALAM SON OF LATE MD. NEZAMUDDIN RESIDENT OF VILLAGE- MELA BAZIDPUR, PS- KINJAR, DISTT- ARWAL ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHABNAM PARWEEN DAUGHTER OF MD. QAMRUDDIN RESIDENT OF VILLAGE- MASJID CHAURAHA, PHULWARISHARIF, PS- PHULWARISHARIF, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Asha Kumari, 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 341, 323, 324, 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.67364 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.102 of 2022, which pending adjudication in the court of learned Additional Principal Judge, Family Court, Patna.

Patna High Court CR. MISC. No.67364 of 2023(4) dt.18-04-2024 3/3

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.

(Satyavrat Verma, J) Prakash Narayan U T