IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.175 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- MAHILA P.S. District- Bhagalpur ======================================================

Md. Ejaj Alam @ Md. Ejaz Alam @ Mohammad Ajaz Alam Son Of Md. Idris Alam @ Mohd Idris Alam @ Idris Alam R/O - Sharif Ganj, Line Bazar, Near Chhoti Masjid, P.S.- K. Hat (Sahayak), District- Purnea ... ... Petitioner/s Versus

1. The State Of Bihar Through The Principal Secretary, Home Deptt., Govt. Of Bihar, Patna Bihar

2. The Principal Secretary, Home Department, Govt. Of Bihar, Patna Bihar

3. The Director General Of Police, Bihar, Patna Bihar

4. The Deputy Inspector General, Bhagalpur Range, Bhagalpur Bihar

5. The Senior Superintendent Of Police, Bhagalpur Bihar

6. The Assistant Superintendent Of Police, City Bhagalpur, Bhagalpur Bihar

7. The S.H.O., Mahila Police Station, Bhagalpur Bihar

8. Pradeep Kumr Chaudhary, A.S.I., Investigation Officer Of Mahila P.S.Case No.45 Of 2021, Mahila Police Station, Bhagalpur , Bihar

9. The Superintendent Of Police, Purnea Bihar

10. The S.H.O., Sahayak Khazanchi Police Station, Purnea Bihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sanjay Sinha, Advocate For the Respondent/s : Mr.Sheo Shankar Prasad, SC-8 ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

8 12-01-2026 Heard learned counsel for the parties.

2. The petitioner has filed the present writ petition seeking following relief(s):-

"i. For declaring the arrest and detention of the petitioner in connection with Mahila P.S.

Case No. 45 of 2021 illegal.

ii. For holding that the police have erred in arresting the petitioner without service of notice under section 41-A of the Code of Criminal Procedure, 1973.

iii. For initiating the contempt proceeding against the respondents for breach of directions of the Hon'ble Supreme Court in Arnesh Kumar Versus the State of Bihar & Anr wherein the Hon'ble Supreme Court has observed that "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".

iv. For holding that the police have not followed the due procedure of law while arresting the petitioner.

v. For awarding the compensation to the petitioner on account of his arrest without following the due process of law, which brought humiliation forever for the petitioner.

vi. For any other relief or reliefs as the Hon'ble court may deem fit and proper in the facts and circumstances of the case."

3. Brief facts of the case are that one Rukhsar filed an application before the Officer-in-Charge of Mahila Police Station, Bhagalpur on 10.07.2021 and on the basis of the same, Bhagalpur Mahila P.S. Case No. 45 of 2021, dated 10.07.2021 was registered under Sections 498A, 323, 341, 504, 506/34 of Indian Penal Code, Section 3/4 of Witch Practices Act and Section 3/4 of Dowry Prohibition Act against the petitioner and his family members. Petitioner is the husband of the informant. Apprehending his arrest, the petitioner filed anticipatory bail before the court of learned Sessions Judge, Bhagalpur vide A.B.P. No. 1810 of 2021 which was disposed of by learned District & Additional Sessions Judge-IX, Bhagalpur vide order dated 09.09.2021. While rejecting the prayer for anticipatory bail of the petitioner, learned Additional Sessions Judge-IX, Bhagalpur observed that since the punishment for the offences in the FIR has been instituted is less than seven years, police was bound to serve notice under Section 41A of the Code of Criminal Procedure and without following the procedure the police could not arrest the accused/petitioner and there was no reasonable reasonable apprehension of arrest. Thereafter, on 27.10.2021, respondent no 8