Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85753 of 2023 Arising Out of PS. Case No.-605 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Mithlesh Kumar Son of Ruplal Yadav Resident of Village - Purnibadhan, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari wife of Mithlesh Kumar Resident of Village - Purnibadhan, P.S.- Fatehpur, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, A.P.P.

Mr. Ujjawal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.

2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 605 of 2023, dated 14.08.2023 registered for the offences punishable under Sections 341, 323, 498(A) and 504/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned A.P.P. for the State, at the outset, submits that the offences for which the instant FIR has been instituted carry punishment of less than seven years.

4. The said submission of the learned A.P.P. for the State is not disputed by the learned counsel for the petitioner and

Patna High Court CR. MISC. No.85753 of 2023(7) dt.18-07-2024 2/2 learned counsel appearing on behalf of the opposite party no. 2.

5. Learned counsel for the petitioner submits that the investigation of the case against the petitioner is still going on, on which learned A.P.P. submits that the anticipatory bail application be 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).

6. In view of the aforesaid submissions made by the learned A.P.P., the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024.

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 13.02.2024 in Cr. Misc. No. 3536 of 2024 and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the said order dated 13.02.2024 in Cr. Misc. No. 3536 of 2024.

(Satyavrat Verma, J) Kundan/- U T