Patna High CourtCR. MISC./46777/2018dismissed

Md. Ashfak v. The State Of Bihar

2018-08-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46777 of 2018 Arising Out of PS.Case No. -276 Year- 2017 Thana -BARARI District- KATIHAR ======================================================

1. Md. Ashfak, son of Shish Md. @ Sis Mohammad, resident of VillageBaisha Govindpur, P.S. Barari (Semapur), District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Barari (Semapur) P.S. Case No.276 of 2017 instituted for the offence under Section(s) 376 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, V, Katihar. Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 13.02.2018 passed in Cr. Misc. No.57998 of 2017.

It is mentioned in the aforesaid order that the victim girl in her statement under Section 164 Cr. P.C. has levelled specific allegation of committing rape against the petitioner. Counsel for the petitioner submits that, now, compromise has taken place between the parties and compromise

Patna High Court Cr.Misc. No.46777 of 2018 (2) dt.08-08-2018 2/2 petition has been filed in the Court below.

This Court finds that offence under Section(s) 376 Indian Penal Code is not compoundable.

Therefore, this Court is not persuaded to reconsider the prayer for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is, again, rejected.

Petitioner is directed to surrender in the Court below and make prayer for regular bail, which will be considered and disposed off by the Court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T