Patna High Court Cr.Misc. No.42246 of 2018 (3) dt.12-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42246 of 2018

1. SATENDRA KUMAR @ SATYENDRA KUMAR, S/o Chandrika Ram,
R/o Village- Dubwalia, P.S.- Kopa, District- Saran at Chapra.
…. …. Petitioner/s
Versus
1. The State of Bihar.
…. …. Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Adv.
For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP

CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER

3 12-09-2018 Heard learned counsel for the petitioner as well as

learned APP.

2. This case has been filed under Sections 341,

323, 354, 379, 504/34 of the IPC and maximum sentence

prescribed is relating to Section 354 IPC, out of the same, up to

seven years.

3. In Arnesh Kumar v. State of Bihar

another reported in 2014(3) P.L.J.R. 314 (SC), it has been observed

as follows:-

“13. Our endeavour in this judgment is to ensure
that police officers do not arrest accused unnecessarily
and Magistrate do not authorize detention casually and
mechanically. In order to ensure what we have
observed above, we give the following direction:

(1) All the State Governments to instruct its
police officers not to automatically arrest when a case
under Section 498-A of the IPC is registered but to
Patna High Court Cr.Misc. No.42246 of 2018 (3) dt.12-09-2018

satisfy themselves about the necessity for arrest under
the parameters laid down above flowing from Section
41, Cr.PC;

(2) All police officers be provided with a check list
containing specified sub-clauses under Section
41(1)(b)(ii);

(3) The police officer shall forward the check list
duly filed and furnish the reasons and materials which
necessitated the arrest, while forwarding/producing
the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention
of the accused shall peruse the report furnished by the
police officer in terms aforesaid and only after
recording its satisfaction, the Magistrate will authorise
detention;

(5) The decision not to arrest an accused, be
forwarded to the Magistrate within two weeks from the
date of the institution of the case with a copy to the
Magistrate which may be extended by the
Superintendent of police of the district for the reasons
to be recorded in writing;

(6) Notice of appearance in terms of Section 41A
of Cr.PC be served on the accused within two weeks
from the date of institution of the case, which may be
extended by the Superintendent of Police of the District
for the reasons to be recorded in writing;

(7) Failure to comply with the directions
aforesaid shall apart from rendering the police officers
concerned liable for departmental action, they shall
also be liable to be punished for contempt of court to be
instituted before High Court having territorial
jurisdiction.

(8) Authorizing detention without recording reasons
as aforesaid by the judicial Magistrate concerned shall be
Patna High Court Cr.Misc. No.42246 of 2018 (3) dt.12-09-2018

liable for departmental action by the appropriate High
Court.”

4. That being so, instant petition is disposed of in

terms thereof.

(Aditya Kumar Trivedi, J)
perwez

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