Balmiki Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44130 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -BAHADURPUR District- DARBHANGA ====================================================== Balmiki Jha, Son of Arun Jha, Resident of Village - Salha, Police Station - Bahadurpur, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Verma, Advocate For the Opposite Party : Smt. Asha Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 233 of 2017, registered for the offence punishable under Sections 341, 323, 324, 504, 506, 384/34 of the Indian Penal Code.

Allegedly, due to non-payment of extortion money the petitioner assaulted the informant with knife on his neck and face repeatedly causing injuries and bleeding and further took away Rs. 25,000/- from the pocket of the informant. Submission is of false implication and that now the case has been compromised, compromise petition has also been filed. The prosecution story appears not probable and reliable and

Patna High Court Cr.Misc. No.44130 of 2017 (2) dt.20-09-2017 2/2 as such, the petitioner deserves sympathetic consideration. The learned A.P.P. seriously opposes the prayer of pre-arrest bail by submitting that the case is not compoundable and the petitioner has assaulted the informant with knife repeatedly.

In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Bahadurpur P.S. Case No. 233 of 2017, pending in the Court of learned Chief Judicial Magistrate, Darbhanga. However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T