Patna High CourtCR. MISC./71539/2023disposed

Niraj Tiwari v. The State Of Bihar

2024-04-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71539 of 2023 Arising Out of PS. Case No.-440 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Niraj Tiwari Son Of Shri Ram Daroga Tiwari Resident Of Village- Dasauti, P.S.- Mohania, District- Kaimur (BHABUA) ... ... Petitioner/S

Versus

The State Of Bihar 2.

Khushbu Devi Wife Of Niraj Tiwari, D/O Sri Vindhyachal Pandey T Present Resident Of Village- Nauva, P.O.- Daidaha, P.S.- Dinara, District- Rohtas (SASARAM) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2024

1. Heard the learned counsel for the petitioner and the learned APP for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner seeks anticipatory bail in connection with Mohaniya P.S. Case No.440/2023 registered for the offence punishable under Sections 341, 323, 498(A), 504, 506 and 34 of the Indian Penal Code & Sections 3 & 4 of D.P. Act. It is next submitted that the investigation in the case is still pending.

3. The learned APP submits that the offences for which the instant F.I.R. has been instituted against the petitioner carries a punishment of less than 7 years. The said submission of learned APP is not disputed by the learned counsel appearing

Patna High Court CR. MISC. No.71539 of 2023(5) dt.22-04-2024 2/2 on behalf of the O.P. No.2 and the petitioner.

4. 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 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The petitioner would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure that Investigating Officer of the case strictly adhere to the direction contained in the said order.

(Satyavrat Verma, J) amit/- U T