Shaik Bobjan @ Babjan vs State Of Bihar And Other Related
2024 Latest Caselaw 8574 AP

Citation : 2024 Latest Caselaw 8574 AP
Judgement Date : 18 September, 2024

Andhra Pradesh High Court - Amravati

Shaik Bobjan @ Babjan vs State Of Bihar And Other Related on 18 September, 2024

 APHC010364572024

                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                           [3396]
                           (Special Original Jurisdiction)

           WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER
                TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

  THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

                     CRIMINAL PETITION NO: 5889/2024

Between:

Shaik Bobjan @ Babjan                               ...PETITIONER/ACCUSED

                                     AND

The State of Andhra Pradesh                  ...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

   1. RAJENDRA C

Counsel for the Respondent/complainant:

   1. PUBLIC PROSECUTOR

The Court made the following:

ORDER:

The instant petition under Section 482 of B.N.S.S., has been filed, by

the petitioner/accused, seeking to enlarge the petitioner on anticipatory bail in

Crime No.364 of 2024 of Madanapalle Rural Police Station, Annamayya

District, registered for the offences punishable under Sections 336(2), 337,

339, 303(2), 305, 317(2), 317(5) and 238 of the Bharatiya Nyaya Sanhita,

2023.

2. Heard Sri Chandragiri Rajendra, learned counsel for the petitioner

and the learned Assistant Public Prosecutor for State.

3. Learned counsel for the petitioner would submit that it is a covered

matter in a case which arises out of very same incident. This Court passed

orders directing the police to comply Section 35(3) of DNSS vide Criminal

Petition No.5424 of 2024, dated 14.08.2024. The petitioner is also stands in

the same position.

4. Learned Assistant Public Prosecutor fairly conceded and would

submit that the Court may pass appropriate orders, since it is covered vide

orders, dated 14.08.2024 in Criminal Petition No.5424 of 2024.

5. Considering the submissions made, it is beneficial to extract the order

which was passed in Criminal Petition No.5424 of 2024:

"Perused the record. On 29.07.2024 Crime No.138 of 2024 of Madanapalle I Town Police Station, Annamayya District was registered for the offences punishable under Sections 336(2), 337, 339, 303(2), 305, 317(2), 317(5) and 238 of the Bharatiya Nyaya Sanhita, 2023. The petitioner alleged to have committed those offences prior to 29.07.2024. Having heard both sides, it is seen that all the offences are punishable with imprisonment of seven years and less than seven years. It is, in these circumstances, investigating police are directed to comply with Section 34(3) of BNSS and all the directions given by the Hon'ble Supreme court in the judgment in Arnesh Kumar vs. State of Bihar and other related rulings.