Patna High CourtCR. MISC./28115/2016rejected

Kundan Singh @ Kundan Kumar v. State Of Bihar And ANR

2016-11-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28115 of 2016 Arising Out of PS.Case No. -484 Year- 2013 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Kundan Singh @ Kundan Kumar Son of Ram Sevak Singh resident of Amaiya Baijalpur, P.S.- Asarganj, District- Munger. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mangal Mahto S/o Late Rito Mahto, Resident of Urain, P.S. Kajra, Dist.- Lakhisarai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ram Sevak Choudhary, Advocate.

For the Opposite Parties : Mr. Shailendra Kumar -1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 484C of 2013, registered for the offences punishable under Section 306 of the Indian Penal Code.

Prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 04.11.2015 in Cr. Misc. No. 36835 of 2015, but the petitioner again filed this petition on the ground that the case has already been compromised.

Learned counsel for the petitioner submits that the police after investigation, submitted final form finding the case false against the petitioner but cognizance was taken on protest and, thereafter, the informant compromised the case.

Patna High Court Cr.Misc. No.28115 of 2016 (2) dt.26-11-2016 2/2 Considering the facts that prayer for anticipatory bail of the petitioner was earlier rejected, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that the case has already been compromised and dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T