Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.621 of 2023 Arising Out of PS. Case No.-65 Year-2011 Thana- NAUHATTA District- Saharsa ====================================================== Rajesh Yadav Son Of Brahmdeo Yadav R/O Vill.- Darhar Tola, Shitli, P.S.- Nauhatta (DARHAR O.P.), Distt.- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Krishna Devi Wife Of Rajesh Yadav, D/O Hastanand Yadav R/O Vill.- Darhar Tola, Shitli, P.S.- Nauhatta (DARHAR O.P.), Distt.- Saharsa At Present Vill.- Ganauni, P.S.- Jamalpur, Distt.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner submits that an application of jointness has been filed as the notice on behalf of the O.P. No.2 was received by her father-in-law. It is next submitted that the father of the petitioner did not receive the notice on behalf of the O.P. No.2 rather the new father-in-law of the O.P. No.2 received the notice on her behalf, as such, an application of jointness has been filed. The learned counsel for the petitioner thus submits that when O.P. No.2 has performed her second marriage, no useful purpose would be served by keeping the present anticipatory bail application pending.

Patna High Court CR. MISC. No.621 of 2023(9) dt.13-03-2024 2/3

3. The learned APP at this stage submits that the petitioner seeks anticipatory bail in a case registered under sections 498A, 323, 342, 313 and 34 of the I.P.C. read with Sections 3 & 4 of the D.P. Act and the punishment for the aforesaid offences is less than 7 years. This submission of the learned APP is not disputed by the learned counsel for the petitioner. The learned APP further submits that if what has been submitted by the learned counsel for the petitioner about the second marriage of O.P. No.2 the same can be brought to the notice of the I.O. as it has been submitted by learned counsel appearing on behalf of the petitioner that the investigation of the case is still going on.

4. In view of the submission made by the learned APP the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar).

5. The petitioner would be at liberty to file a representation within a period of three weeks from today before the concerned Superintendent of Police of the district and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536/2024 (Naushad Ansari vs. State of Bihar) and the Superintendent of Police shall ensure

Patna High Court CR. MISC. No.621 of 2023(9) dt.13-03-2024 3/3 that Investigating Officer of the case strictly adhere to the direction contained in the said order.

(Satyavrat Verma, J) amit/- U T