Mithilesh Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31063 of 2014 Arising Out of PS.Case No. -433 Year- 2013 Thana -MANER District- PATNA ======================================================
1. Mithilesh Kumar, S/o Madhan Roy
2. Vicky Kumar, S/o Ram Ayodhya Ray
3. Nicky Kumar, S/o Ram Ayodhya Ray All are residents of village - Beyapur, P.S. - Maner, District - Patna. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners, apprehending their arrest in connection with Maner P.S. Case No. 433 of 2013 registered for the offences punishable under Sections 147, 323, 325, 307, 379 and 504 of the Indian Penal Code, seek the privilege of pre-arrest bail. It is submitted that there is case and counter case. Both the parties are Gotias (agnates) and there was no intention to commit murder and allegation under Section 379 of the Indian Penal Code is super addition. The dispute arose for passage. Now both the parties have compromised the case and compromise petition has also been filed in the court below. The certified copy
Patna High Court Cr.Misc. No.31063 of 2014 (2) dt.28-01-2015 of which is filed herewith. The certified copy of compromise petition is ordered to be kept on record.
In the facts and circumstances as stated above, considering that there is no specific allegation and as submitted the parties have compromised the case and as such, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 433 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J.) Vats/- U T