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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2105 of 2025 Arising Out of PS. Case No.-3308 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Pankaj Kumar @ Mukesh Kumar S/O Manoj Sahni R/O Vill.- Bahuyara, P.S.- Madhuban, Dist.- East Champaran. ... ... Petitioner/s Versus
1. The State of Bihar
2. Anshu Kumari W/O Pankaj Kumar @ Mukesh Kumar, D/O Sikindar Sahani R/O Vill.- Bahuyara, P.S.- Madhuban, Dist.- East Champaran. Present R/at Blochak Tola Konhiya, P.S.- Chakia, Dist.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Tiwari,Adv. For the Opposite Party/s : Mrs.Veena Kumari Jaiswal,APP Mr. Madhurendra Kumar, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 21-04-2025 Heard learned counsel for the petitioner, learned Special P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner apprehends his arrest Complaint Case No. C-3308/2023, punishable for offence under Sections 323, 341, 498-A and 504/34 of the Indian Penal Code.
3. At the outset, learned counsel appearing on behalf of complainant / opposite party no. 2 submits that in this case, process of Section 82/83 of the Cr.P.C. has already been initiated against this petitioner and as such, this bail application is not maintainable, in view of several decisions of the Supreme
Patna High Court CR. MISC. No.2105 of 2025(3) dt.21-04-2025 2/2 Court, rendered in the case of (i) Lavesh v. State (NCT of Delhi), reported in (2012) 8 S.C.C. 730, (ii) State of MP v. Pradeep Sharma, reported in (2014) 2 S.C.C. 17, and (iii) Prem Shankar Prasad v. State of Bihar, reported in 2021 SCC Online SC 955.
4. Considering the aforesaid development, the application, filed for grant of anticipatory bail to petitioner, stands dismissed.
anay (Prabhat Kumar Singh, J) U T