Rakesh Kumar @ Hemendra Singh Rathore @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88144 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Rakesh Kumar @ Hemendra Singh Rathore @ Rakesh Kumar Singh Son of Rajendra Singh @ Raju Singh @ Raju Singh Rathore Resident of villageSabdalpur, ward no. 03, Post - Saligrami, P.S. - Sahebpur Kamal, DistrictBegusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Soni Kumari wife of Rakesh Kumar @ Hemendra Singh Rathore @ Rakesh Kumar Singh, daughter of Nagendra Singh Resident of villageChamtha Chotkut, Dadatol, post Wazidpur, P.S. Vidyapati Nagar, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No. 2.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Sahebpur Kamal P.S. Case No. 207 of 2023 registered for the offences punishable under Section 498A of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3. The learned APP for the State submits that offences for which the instant FIR has been instituted against the petitioner carries punishment of less than seven years, the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner and the O.P. No. 2.

Patna High Court CR. MISC. No.88144 of 2024(2) dt.08-01-2025 2/2

4. The learned counsel for the petitioner next submits that the investigation in the case against the petitioner is still continuing, but then the petitioner has not been given the benefit of Section 41A of the Cr.P.C.

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

(Satyavrat Verma, J) Rishabh/- U T