Patna High CourtCR. MISC./20175/2017rejected

Umesh Singh @ Umesh Kumar Singh v. The State Of Bihar

2017-07-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20175 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20175 of 2017 Arising Out of PS.Case No. -359 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Umesh Singh @ Umesh Kumar Singh Son of Late Awadh Kishor Singh, Resident of Village- Baradhi Khurd, Police Station- Dinara, DistrictRohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05.07.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for anticipatory bail of the petitioner was rejected by this court vide order dated 10.1.2017 passed in Cr. Misc. no. 43592/2016 but again, relief under section 438 of the Cr.P.C is claimed on behalf of the petitioner on the ground that injured being full brother of the petitioner had entered into compromise. In my view, it is not a fit case of grant of anticipatory bail to the petitioner even on the ground of compromise. Accordingly, his prayer for anticipatory bail in connection with Dinara P.S. Case no. 359/2015 pending in the court of Sri Lal Bihari Paswan, Judicial Magistrate, I st Class, Bikramganj, Rohtas stands rejected. However, it is made clear that if the petitioner surrenders before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.20175 of 2017 (2) dt.05-07-2017 receipt/production of a copy of this order and seeks bail, learned court below shall dispose of regular bail application of the petitioner on the date of its surrender and after that if any bail petition is filed before the Sessions Judge, the Sessions court shall consider regular bail of the petitioner on its own merit, particularly, keeping in mind the factum of compromise.

shahid (Hemant Kumar Srivastava,J) U T