Patna High CourtCR. MISC./8317/2016rejected

Jibachh Sahu @ Jeebachh Sahu And ANR v. The State Of Bihar

2016-05-12Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8317 of 2016 Arising Out of PS.Case No. -419 Year- 2013 Thana -BIRAUL District- DARBHANGA ======================================================

1. Jibachh Sahu @ Jeebachh Sahu s/o Ramphal Sahu

2. Rajesh Kumar Sahu @ Rajesh Sahu S/o - Jibachh Sahu @ Jeebachh Sahu Both are R/V - Roopnagar, P.S. - Biraul, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar,Advocate For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Biraul P.S.Case No. 419/2013 registered for offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

The petitioner had earlier moved this Court for grant of anticipatory bail along with others in Cr. Misc. No. 28046 of 2014 and order was passed on 22.09.2014 which was refused and the petitioners were directed to surrender before the Court below within a fortnight and failure to do so, the learned Court below will take coercive steps for appearance of the petitioner at the

Patna High Court Cr.Misc. No.8317 of 2016 (3) dt.12-05-2016 2/2 earliest. But inspite of the order of the Court, the petitioners have not surrendered.

It has been stated by the learned counsel for the petitioners that now compromise has been entered between both sides and as such there is a fresh cause of action. The petitioners have violated the order of this Court, passed earlier, have not surrendered even after gap of more than one and 1⁄2 years. Under such circumstances, the prayer for anticipatory bail is rejected and the petitioners are directed to surrender before the Court below within a fortnight for seeking regular bail, which shall be considered on its own merit and if they fail to do so, the learned Court below will take steps against all of them in order to secure their arrest at the earliest.

(Nilu Agrawal, J) Sudha/- U T