Raghuvir Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Raghuvir 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 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar); petitioner given three weeks to file a representation before the concerned Superintendent of Police and Investigating Officer with a web copy of that order, and the SP directed to ensure the IO strictly adheres to its directions.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in respect of PS Case No. 16 of 2024 (Mahila P.S., Sheohar) registered for offences under Sections 323, 341, 498A, 504, 506, 34 IPC and Sections 3 and 4 of the D.P. Act.

Court's answer

The anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Nausad 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 within three weeks, enclosing 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 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¶24

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Crl. Misc. No. 59393 of 2024, decided 12-09-2024 by Satyavrat Verma, J. Petitioner sought bail in anticipation of arrest in PS Case No. 16 of 2024, Mahila P.S., District Sheohar, registered for offences punishable under Sections 323, 341, 498A, 504, 506, 34 IPC and Sections 3 and 4 of the D.P. Act, with punishment stated to be less than seven years. Noting that the petitioner had not been given the benefit of Section 41A Cr.P.C., the court disposed of the application in terms of the order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar). The petitioner was given three weeks to file a representation before the concerned Superintendent of Police and the Investigating Officer with a web copy of that order, and the SP was directed to ensure the Investigating Officer strictly adhered to the directions contained therein.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59393 of 2024

Arising Out of PS. Case No.-16 Year-2024 Thana- MAHILA P.S. District- Sheohar

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Raghuvir Kumar Son of Vishnu Sahni Resident of Vill- Sugiya Katsarai @ Sugiya Katsari, P.S. Sheohar, District- Sheohar

... ... Petitioner/s

Versus

The State of Bihar

Kajal Kumari Daughter of Krishnanath Sahni Resident of Vill- Bhagwatpur, P.S.- Paroo, District- Muzaffarpur

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-09-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 341, 498A, 504, 506, 34 of the Indian Penal Code and 3 and 4 of D.P Act.

The learned counsel for the petitioner at the outset submits that offences for which the present FIR has been instituted carries punishment of less than seven years and the said submission of the learned APP is not disputed by the learned counsel appearing on behalf of the petitioner.

The learned counsel for the petitioner next submits

Patna High Court CR. MISC. No.59393 of 2024(2) dt.12-09-2024 2/2

that investigation in the case against the petitioner is still continuing but then petitioner has not been given the benefit of Section 41A of the Cr.P.C. on which the learned APP submits that the case be disposed of in terms of the order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 ( Nausad Ansari vs. The State of Bihar ).

In view of the submissions made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Criminal Miscellaneous No. 3536 of 2024 (Nausad Ansari vs. The State of Bihar).

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)

sudhanshu/-

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