Arman Mian @ Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8753 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Arman Mian @ Md. Arman, Son of Late Sharif Ansari, resident of Village - Pataura, P.S. - Muffasil, District - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Mukesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-03-2016 By way of the present application preferred under Section 438 of the Code of Criminal Procedure, the petitioner has renewed his prayer for anticipatory bail in connection with Motihari Muffasil P.S. Case No. 235 of 2015 registered under Sections 341, 342, 448, 323, 324, 307, 379, 506, 376 / 511 of the Indian Penal Code.

2. The prayer for grant of anticipatory bail of the petitioner was earlier rejected by this Court on merits vide order dated 10.11.2015 passed in Cr. Misc. No. 52189 of 2015.

3. There is no specific change in the circumstances nor new facts have come. The only argument raised by the learned counsel for the petitioner is that after the rejection of the earlier anticipatory bail application, the parties have amicably

Patna High Court Cr.Misc. No.8753 of 2016 (2) dt.02-03-2016 2 / 2 settled their difference outside the Court.

4. The FIR in the present case was registered on 12.08.2015. The offences alleged are serious in nature. They are not compoundable, even by the permission of the court. Apparently, the petitioner has not submitted to the process of law. His intention is to run away from the due process of law.

5. In absence of any change in the fact situation or in law in the present case, calling for indulgence in the second pre-arrest bail application is without any substance.

6. Accordingly, the application, being devoid of any merit, is, hereby, dismissed.

8. The court below as also the Superintendent of Police, Motihari and the S.H.O. of Motihari Muffasil Police Station are hereby directed to take all coercive steps to ensure the arrest of the petitioner and produce him before the Court.

9. Let a copy of the order be communicated to the Superintendent of Police, Motihari, East Champaran through fax forthwith for the needful.

(Ashwani Kumar Singh, J.) Sanjeet/- U T