Ramashish Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31861 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramashish Bhagat Son of Shivnan Bhagat resident of village - Raghunathpur, P.S. Kesariya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-08-2015 Heard the parties.

The prayer for anticipatory bail of the petitioner was rejected by this Court vide order dated 07.05.2015 passed in Cr. Misc. No. 41761 of 2014, giving direction to the petitioner to surrender before the court below within four weeks and seek regular bail and furthermore, the concerned court was directed to consider the regular bail application of the petitioner on its own merit without being prejudiced by the rejection order, particularly, keeping in mind that the husband of the deceased has already been sent to jail custody.

Now, the second anticipatory bail petition has been filed on behalf of the petitioner on the ground that parties have

Patna High Court Cr.Misc. No.31861 of 2015 (2) dt.26-08-2015 2/2 already entered into compromise and, therefore, it is useless to send the petitioner in jail custody.

Taking note of the facts and circumstances, this anticipatory bail petition stands disposed of with direction to the petitioner to surrender before the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kesariya P.S.case No. 65 of 2014 within four weeks from today and seek regular bail and if he does so, the learned Chief Judicial Magistrate, East Champaran, Motihari/ concerned court shall dispose of the regular bail application of the petitioner on the same day and after its disposal, if any regular bail application is filed by the petitioner before the learned Sessions Judge, the learned Sessions Judge/ concerned court shall pass appropriate order on the regular bail application of the petitioner, particularly, keeping in mind and that the parties have already entered into compromise as well as fact that the husband of the deceased has already been remanded in jail custody.

(Hemant Kumar Srivastava, J) Namita/- U T