Raj Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

Raj Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of in terms of the order dated 13-2-2024 in Crl. Misc. No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar); petitioner at liberty to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order; SP to ensure the IO strictly adheres to the directions in that order.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Khudaganj P.S. Case No. 78 of 2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code. +1 more

Court's answer

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).

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 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.

Key takeaways

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).ratio¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 4640 of 2024 (Raj Kumar v. The State of Bihar & Anr.), oral order dated 05-08-2024 (Hon'ble Mr. Justice Satyavrat Verma). Anticipatory bail application in Khudaganj P.S. Case No. 78 of 2023 (District Nalanda) for offences punishable under Sections 498A and 34 IPC, carrying punishment of less than seven years (per learned APP, not disputed by petitioner's counsel), 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), noting that investigation is continuing and the petitioner had not been granted the benefit of Section 41A Cr.P.C. Petitioner permitted to file representation before the concerned Superintendent of Police and the Investigating Officer within three weeks with a web copy of that order; the SP directed to ensure the IO strictly adheres to its directions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4640 of 2024

Arising Out of PS. Case No.-78 Year-2023 Thana- KHUDAGANJ District- Nalanda

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

Raj Kumar Son Of Sri Krishna Yadav Resident Of Village - Kewai, Police Station - Khudaganj, District - Nalanda

... ... Petitioner/s

Versus

The State Of Bihar & Anr.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Bhola Kumar For the Opposite Party/s : Mr.Mritunjay Kumar Nirala

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 05-08-2024

1. Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Khudaganj P.S. Case No. 78 of 2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

3. Learned APP, at the outset, submits that from office report dated 31-7-2024, it would manifest that the same records that process server reported that no such Opposite Party No. 2 resides at the given address.

4. 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.

5. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.4640 of 2024(4) dt.05-08-2024 2/2

investigation in the case against the petitioner is still continuing and he has not been granted 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).

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 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