Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28246 of 2020 Arising Out of PS. Case No.-342 Year-2019 Thana- DESARI District- Vaishali ====================================================== PAWAN SAH, Son of Visheshwar Sah Resident of Village- Sahariya, P.O.- Sekhopur, P.S.- Desari, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Ms. Bela Singh, learned counsel for the petitioner and Mr. B. N. Pandey, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Desari P. S. Case No. 342 of 2019 dated 11.10.2019 (G. R. No. 5668 of 2019), instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner as well as the victim / informant are agnates. The allegation against the petitioner is of assaulting the victim on his head by means of an iron

Patna High Court CR. MISC. No.28246 of 2020(2) dt.04-12-2020 2/3 rod. However, the parties saw the futility of continuing with the litigation and a settlement has been arrived at between the parties, which fact has been brought on record in the bail petition.

Neither in the bail petition nor in the impugned order is there any reference of the nature of injuries suffered by the victim at the hands of the petitioner. Nonetheless, taking into account the fact that the parties are related to each other and have also decided to jettison the dispute for all times to come, this Court is inclined to grant anticipatory bail to the petitioner.

The petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-

Patna High Court CR. MISC. No.28246 of 2020(2) dt.04-12-2020 3/3 Judge XVI-cum-Additional Chief Judicial Magistrate, Xvth, Vaishali at Hajipur in connection with Desari P. S. Case No. 342 of 2019 dated 11.10.2019 (G. R. No. 5668 of 2019), subject to the conditions as laid down under Section 438 (2) Cr.P.C.

However, if the factum of settlement is not found to be correct by the court below, this order shall not be implemented.

The application stands allowed with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U T