Dinesh Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2139 of 2015 Arising Out of PS.Case No. -110 Year- 2005 Thana -SINGHESHWAR District- MADHEPURA ====================================================== Dinesh Nonia Son of Deo Narayan Nonia Resident of villManharia,Sukhasan,Tola-Shiv Dayalpur,P.S-Singheshwar,Distt.-Madhepura .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Singheshwar P.S. Case No. 110 of 2005 registered under Sections376, 420, 342, 467, 468, 386, 315, 120(B) of the Indian Penal Code.

There is allegation against this petitioner that he committed rape upon the informant.

Learned counsel for the petitioner submits that the case has already been compromised between the parties. It is obvious from perusal of the impugned order of learned Sessions Judge that the charge sheet has already been submitted and, therefore, I do not feel it proper to grant privilege of anticipatory bail to the petitioner and accordingly, prayer for anticipatory bail

Patna High Court Cr.Misc. No.2139 of 2015 (2) dt.20-01-2015 2/2 of the petitioner stands rejected.

However, if the petitioner surrenders before the court below and seeks regular bail within two weeks from the date of receipt/production of copy of the order, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order, particularly, keeping in mind the factum of compromise between the parties. (Hemant Kumar Srivastava, J) A.K.V./- U T