IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.961 of 2008 RAJENDRA PRASAD SINGH & ORS Versus STATE OF BIHAR & ORS ----------- 3 2.2.2009 The petitioners are accused in Khajanchi Hat P.S. Case No.65 of 2008 dated 22.2.2008 under sections 498A and 506 of the Indian Penal Code instituted upon a written report of one Sujeet Kumar Singh, brother of victim girl. The petitioners pray for quashing of the order dated 5.6.2008 and 6.6.2008 passed by the Chief Judicial Magistrate, Purnea whereby non-bailable warrant of arrest has been issued against them. Learned counsel for the petitioners submits that this writ petition has become infructuous so far as petitioner nos.1 to 4 are concerned as they have subsequently got anticipatory bail. He further submits that the very institution of the case at Purnea is misconceived in view of decision in the case of Bhura Ram & Ors Vs State of Rajasthan, 2008(3) P.L.J.R. (SC) 367 as well as in the case of Manish Ratan & Ors Vs State of Madhya Pradesh & anr, 2006(8) SC 372. Learned counsel submits that no occurrence took place at the matrimonial home of the victim girl at Purnea rather the allegations if any took place either at Patna or Mumbai. He further submits that petitioner no.5 Gautam Kumar Singh has filed Divorce Suit being Matrimonial Suit No.440 of 2007 and thereafter the instant case has been filed. He submits that incidentally the case has been instituted against them at Patna also. He further submits that the Deputy Superintendent of Police in course of investigation has found - 2 - KHAN the case to be a mistake of fact but the investigation is still going on. Having heard counsel for the parties and on going through the materials on record, this court directs that no coercive action would be taken against petitioner no.5 Gautam Kumar Singh till the submission of the final report. As the case was instituted on 22.2.2008, it is expected that the police would conclude the investigation of the case within three months from today. With the aforesaid observations and directions, this application stands disposed of. Let a copy of this order be handed over to the A.C. to AAG 8. (S.P.Singh,J)