Chotu Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43118 of 2018 ======================================================

1. Chotu Sahani,

2. Dukha Sahani,

3. Bhutuk Sahani, All sons of Late Phuni Sahani

4. Munakiya Devi, wife of Late Phuni Sahani, All residents of village- Chit Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate For the State : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have renewed their prayer for grant of pre-arrest bail in connection with Ahiyapur P.S. Case No.172 of 2014 registered for the offences punishable under Sections 341, 323, 307, 379, 452, 467, 468 and 120B/34 of the Indian Penal Code. The prayer for grant of pre-arrest bail of the petitioners was earlier rejected by this Court vide order dated 23.12.2016 passed in Cr. Misc. No.53395 of 2016.

A plea has been taken that subsequent to the rejection of the prayer for grant of pre-arrest bail, the parties have amicably

Patna High Court Cr.Misc. No.43118 of 2018 (2) dt.20-07-2018 2/2 settled their dispute and the informant does not want to prosecute the petitioners.

In the opinion of this Court, the plea taken by the petitioners cannot be a ground for re-consideration of pre-arrest bail in view of the fact that the offences alleged are not compoundable in nature. The factum of compromise may be a relevant ground for consideration at a subsequent stage on the point of sentence in a case under Section 307 of the Indian Penal Code, but the same would not be a ground for re-consideration of pre-arrest bail which has already been rejected. In that view of the matter, I see no merit in this application. It is dismissed accordingly.

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