Patna High Court
CR. MISC./45435/2026 of Rajesh Yadav @ Rajesh Kumar Vs The State of Bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45435 of 2026 Arising Out of PS. Case No.-233 Year-2022 Thana- GAYA COMPLAINT CASE District- Gaya ====================================================== Rajesh Yadav @ Rajesh Kumar S/o Surender Prasad Yadav Resident of Village - Bandi, PS -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45435 of 2026
Arising Out of PS. Case No.-233 Year-2022 Thana- GAYA COMPLAINT CASE District- Gaya ======================================================
Rajesh Yadav @ Rajesh Kumar S/o Surender Prasad Yadav Resident of Village - Bandi, PS - Nimchak Bathani, District - Gaya
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Priyanka Devi W/o Rajesh Yadav @ Rajesh Kumar D/o Ram Bhawan Yadav R/o Village - Bandi, P.S - Nimchak Bathani, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Sharda Nand Mishra
For the Opposite Party/s :
Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The learned A.P.P., at the outset, submits that from perusal of the anticipatory bail application, it manifests that petitioner is seeking anticipatory bail in Complaint Case No.233 of 2022, in which cognizance was taken under Sections 323, 504 and 498A of the I.P.C. It is next submitted that after cognizance is taken, summons are issued and if petitioner based on summons appears before the learned Trial Court, the petitioner will not be arrested rather will join the proceedings before the learned Trial Patna High Court CR. MISC. No.45435 of 2026(2) dt.16-07-2026
Court and for the said submission relies on an order of the Hon’ble Supreme Court in S.L.A. (Criminal) No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and another) disposed off by an order dated 23.04.2026 and relies on Paras-8, 9 and 10 of the said order.
3. The learned counsel appearing on behalf of the petitioner submits that petitioner being husband has been falsely implicated in the instant case and the dispute is matrimonial, but then, is not in a position to rebut the submission made by the learned counsel appearing on behalf of the State that since summons have been issued, the petitioner ought to have appeared before the learned Trial Court and joined the proceeding.
4. After hearing the learned counsel for the parties, the anticipatory bail application is disposed off with a liberty to the petitioner to appear before the learned Trial Court on or before 30.07.2026 with a copy of the order dated 23.04.2026 in S.L.A. (Criminal) No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and Patna High Court CR. MISC. No.45435 of 2026(2) dt.16-07-2026
another) and the learned Trial Court shall proceed strictly in accordance with the order of the Hon’ble Supreme Court.
vikash/- (Satyavrat Verma, J) U T