IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (DB) No.79 of 2009 ABODH NEEL KAMAL PRASAD ROSHAN Versus STATE OF BIHAR ----------- 4. 30.3.2009 Heard the parties and perused the show cause filed by the counsels as well as the person who has sworn affidavit in support of memo of appeal. It has been pointed out that the earlier appeal on behalf of the appellant bearing Cr.Appeal No.59 of 2009 is supported by affidavit of father of the appellant who had obtained certified copy of the judgement under appeal whereas this appeal was filed at the instance of wife of the appellant using the free copy of the judgement supplied by the court and the wife of the appellant had no knowledge about steps being taken by the father of the appellant. It was pointed out that her address given in the affidavit is different then the address given by the father of the appellant. Considering the entire facts and circumstances, the show caused filed on behalf of the concerned persons is accepted. No further action is required in the matter. So far as this appeal is concerned, it being later in time is - 2 - clearly not maintainable when the earlier appeal preferred by the appellant has already been admitted for hearing. In that view of the matter, learned counsel for the appellant prays to withdraw this appeal. This appeal is dismissed as not maintainable. B.Kr. (Shiva Kirti Singh,J.) ( Dharnidhar Jha, J. )