Md Faisal Khan @ Mohammad Faisal @ Md. Faisal @ Md. Faisal Khan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89310 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Md Faisal Khan @ Mohammad Faisal @ Md. Faisal @ Md. Faisal Khan Khan S/o Md. Jamil @ Md. Jamil Khan R/o village - Nawada, P.S. - Sultanganj, Dist. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Chandra Bhushan Prasad. 2.
The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Sultanganj P.S. Case No. 167 of 2024 for the offences punishable under Sections 341, 323, 498A, 504, 506, 509 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 3.
The defect pointed out by the Office is hereby ignored.
4.
The learned APP, at the outset, submits that the offences for 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 learned counsel appearing on
Patna High Court CR. MISC. No.89310 of 2024(2) dt.19-04-2025 2/3 behalf of the petitioner.
5.
The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing but then the petitioner has not been given notice under Section 41(A) of the Cr.P.C, on which the learned APP submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).
6.
In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous 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, within a period of three weeks from today, with a web copy of the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. 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 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).
Patna High Court CR. MISC. No.89310 of 2024(2) dt.19-04-2025 3/3 8.
The learned APP, Shri Chandra Bhushan Prasad, is directed to communicate with the SSP, Bhagalpur, that as to why the orders of this Court are being breached.
(Satyavrat Verma, J) SUMIT/- U T