Sushma Sinha Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Sushma Sinha Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

No anticipatory bail granted or refused on merits; application disposed of in terms of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). Petitioner permitted to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order; Superintendent of Police directed to ensure the Investigating Officer strictly adheres to the directions contained therein.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Patrakar Nagar P.S. Case No. 810 of 2020 for offences punishable under Sections 420 and 406 of the Indian Penal Code. +1 more

Court's answer

In view of the undisputed submission of the learned APP that the offence carries punishment of less than seven years, the Court disposed of the anticipatory bail application in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar), rather than granting or refusing anticipatory bail on merits.

Ratio / Principle

The petitioner is at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within three weeks, accompanied by a web copy of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

Key takeaways

The concerned Superintendent of Police is directed to 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).ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Judicature at Patna, Criminal Miscellaneous No. 24302 of 2024 (Sushma Sinha v. The State of Bihar arising out of Patrakar Nagar P.S. Case No. 810 of 2020, Sections 420 and 406 IPC), oral order dated 23-07-2024, Satyavrat Verma, J. The learned APP submitted — without dispute from the petitioner's counsel or the informant's counsel — that the offence carries punishment of less than seven years; investigation was continuing and the petitioner had not been given the benefit of Section 41A Cr.P.C. Without adjudicating bail on merits, the Court disposed of the anticipatory bail application in terms of its own earlier order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar). The petitioner was given liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks with a web copy of that order, and the Superintendent of Police was directed to ensure that the Investigating Officer strictly adheres to the directions contained in it.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24302 of 2024

Arising Out of PS. Case No.-810 Year-2020 Thana- PATRAKARNAGAR District- Patna

======================================================

Sushma Sinha Wife of Anil Kumar sinha Resident of Bank Mens Colony Chitragupta Nagar, P.S.-Patrakarnagar, Distt.-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mohit Raj For the Opposite Party/s : Mr. Rabindra Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 23-07-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Patrakar Nagar P.S. Case No. 810 of 2020 for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

3. The learned APP submits that the offence 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 informant.

4. The learned counsel for the petitioner submits that investigation in the case against the petitioner is still continuing

Patna High Court CR. MISC. No.24302 of 2024(3) dt.23-07-2024 2/2

and the petitioner has not been given the benefit of Section 41A of the Cr.P.C, on which the learned APP thus 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 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).

(Satyavrat Verma, J)

SUMIT/-

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