Mahesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49764 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- JALE District- Darbhanga ====================================================== 1.

MAHESH THAKUR, son of Jogendra Thakur, Resident of Village - Khoriyatola, P.S.- Jaley, Dist.- Darbhanga.

2.

Jogendra Thakur Son of Nirgun Thakur Resident of Village - Khoriyatola, P.S.- Jaley, Dist.- Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Jalley P.S. Case No. 42 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 379/34 of the Indian Penal Code.

Prosecution case disclosed the allegation that petitioners called brother of the informant and assaulted him by rod, causing injuries on his head and there is also allegation of snatching Rs.17,000/- from him.

Submission of learned counsel for the petitioners is that there is enmity between the parties from before and earlier also wife of petitioner No.1 has filed a case against informant and others and furthermore that case has been compromised

Patna High Court CR. MISC. No.49764 of 2019(2) dt.08-08-2019 2/2 between the parties, which will appear from Annexure-3. Heard learned APP, who has opposed the prayer for anticipatory bail stating that opinion on injury is kept reserved and the injured was treated up to P.M.C.H.

In view of the fact that compromise has been reached between the parties, this application is disposed of with direction to the petitioners to surrender by 28.8.2019 and on surrender they shall be released on provisional bail and in the meantime the court will inquire about the compromise between the parties after notice to the informant and his injured brother and if the court is satisfied that the compromise has been reached between the parties, the court below will confirm bail bonds of the petitioners, otherwise petitioners to surrender and pray for regular bail.

(Vinod Kumar Sinha, J) spal/- U T