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2024 DIGILAW 226 (PAT)

Soni Gupta v. State of Bihar

2024-02-28

SATYAVRAT VERMA

body2024
ORDER Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in Barun P. S. Case No.494 of 2022 dated 14.11.2022 registered for the offences punishable under Sections 406, 420, 120(B) and 504 of the Indian Penal Code. 3. At this stage, the learned Additional P. P. submits that the offences for which the instant F.I.R. has been instituted carries punishment of less than 7 years. 4. The said submission of the learned Additional P. P. is not disputed by the learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the opposite party no.2. 5. The learned counsel for the petitioners submits that the dispute is purely civil to which a criminal colour has been given. It is further submitted that petitioners had approached the Court of the learned Additional Sessions Judge-III, Aurangabad seeking anticipatory bail by filing A.B.P. No.1985 of 2023. It is further submitted that A.B.P. No.1985 of 2023 was taken up on 16.01.2024, whereby the learned Additional Sessions Judge-III, Aurangabad had granted no coercive action against the petitioners until 29.01.2024. It is further submitted that despite order dated 16.01.2024, whereby the learned Court had granted no coercive against the petitioners, but still the I.O. of the case filed an application seeking process under Section 82 Cr.P.C. and the same was granted by the learned Magistrate by an order dated 24.01.2024. 6. It is thus submitted that this amply demonstrates that how the police and the learned Magistrate are flouting the orders of the Hon’ble Supreme Court in the case of Arnesh Kumar vs. the State of Bihar and another reported in (2014) 8 SCC 273 and the order of this Court dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. the State of Bihar) . 7. Let the Superintendent of Police, Aurangabad along with the Investigating Officer of the case remain physically present before this Court tomorrow at 10.30 A.M. 8. The learned Additional P. P. submits that it absolutely defies all logic, wisdom and reasonable judicial behaviour that how the learned Magistrate in mechanical manner issued process under Section 82 Cr.P.C., when this Court has already issued Memo No.62973 dated 19.09.2023 in compliance of the order passed in Md. Asfak Alam vs. the State of Jharkhand and another reported in 2023 Live Law (SC) 583. Asfak Alam vs. the State of Jharkhand and another reported in 2023 Live Law (SC) 583. 9. Put up this case on 29.02.2024 at 10.30 A.M. at top of the list. 10. In the meantime, there shall be no coercive action against the petitioners until the matter is finally adjudicated by this Court in connection with Barun P. S. Case No.494 of 2022 dated 14.11.2022 pending in the Court of the learned Chief Judicial Magistrate, Aurangabad. 11. The learned Additional P. P. shall communicate this order to the Superintendent of Police, Aurangabad and the Investigating Officer of the case.