Chotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40958 of 2013 Arising Out of PS.Case No. -196 Year- 2008 Thana -COMPLAINT CASE District- LAKHISARAI ====================================================== Chotu Yadav Son Of Sarjug Yadav Resident Of Vill- Bhalui Naya Tola, P.S.- Chanan. District - Lakhisarai .... .... Petitioner

Versus

1. The State of Bihar

2. Rasho Yadav @ Suresh, son of Late Mahabir Yadav, village + P.O.- Urain, P.S.- Kajra, District - Lakhisarai.

3. Sunita Devi, daughter of Rasho Yadav @ Suresh, village + P.O.- Urain, P.S.- Kajra, District- Lakhisarai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Prasad, Advocate For the State : Mr. S.Eheteshamuddin, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-06-2017 This petition is filed for setting aside the order of issuance of non-bailable warrant of arrest issued by order dated 13.5.2013 in Complaint Case No.196(c) of 2008 by S.D.J.M., Lakhisarai.

Learned counsel for the petitioner submits that the petitioner is still ready to keep his wife but no point is raised regarding illegality in the impugned order issuing non-bailable warrant of arrest.

It appears that petitioner is accused in complaint case filed by wife under Section 498A of I.P.C. and this petitioner instead of filing anticipatory bail before the appropriate forum has

Patna High Court Cr.Misc. No.40958 of 2013 (12) dt.30-06-2017 2/2 challenged the issuance of non-bailable warrant therefore, there is no merit to interfere with the order dated 13.5.2013 whereby petitioner is required to be produced before the court in order to face the trial. So this quashing petition stands dismissed. However, if the petitioner surrenders and moves for bail, if so advised, the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T