Vishal Singh @ Vishal Kumar v. The State of Bihar Patna

The State of Bihar Patna Pratima Kumari D/O- Birsen Singh, Wife of Vishal Singh @ Vishal Kumar Resident of Vill- Rajpur, P.S.- Rajpur, District- Rohtas ... ... Opposite Party/s

====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH Mr. Babu Nandan Prasad, Advocate Mr. Anuj Kumar Shrivastava, APP ORAL ORDER 4 02-07-2025 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Anuj Kumar Shrivastava, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Rajpur P.S. Case No. 167 of 2024 registered under Sections 127(1), 115(2), 303(2), 85, 3(5) of the B.N.S.

As per the allegation made in the FIR, the petitioner along with his family members, used to torture the Informant (Opposite Party No.2), due to non-fulfillment of demand of dowry.

Learned counsel appearing on behalf of the petitioner submits that in view of the observation made in the Patna High Court CR. MISC. No.90254 of 2024(4) dt.02-07-2025 impugned order that notice is required under Section 41 of the Cr.P.C. and unless the arresting authorities justify the arrest of the petitioner, he cannot be arrested, the petitioner seeks to avail remedy when such occasion arises.

Considering the law laid down by the Apex Court in case of in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273 and Satender Kumar Antil v. CBI reported in (2022) 10 SCC 51, I find that, as and when, the occasion arises, the petitioner may avail appropriate remedy in accordance with law.

Accordingly, the present bail petition stands disposed of. Ashishsingh/- U T (Purnendu Singh, J)