Md. Ashif Khan @ Md. Asif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84948 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Md. Ashif Khan @ Md. Asif Khan S/O Md. Jamil Khan R/O villageNawada, P.S.- Sultanganj, Dist.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Maryam W/O Md. Ashif Khan @ Md. Asif Khan R/O village- Nawada, P.S.- Sultanganj, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP Md. Najmul Hodda, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2025 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State, Shri Chandra Bhushan Prasad and the learned counsel appearing on behalf of the OP No. 2.

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 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 behalf of the petitioner and the OP No. 2.

4.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.84948 of 2024(3) dt.19-04-2025 2/2 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).

5.

In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). 6.

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 13-2-2024 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 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) SUMIT/- U T