Md. Shayak @ Md. Saique v. The State Of Bihar

Patna High Court Cr.Misc. No.12865 of 2018 (4) dt.18-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12865 of 2018 Arising Out of PS.Case No. -281 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Shayak @ Md. Saique, Son of Maslehuddin, Resident of VillagePokharia, Police Station- Araria, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anamul Haque, Adv. For the Opposite Party/s : Mr. Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Araria Police Station Case No. 281 of 2016, disclosing offences under Sections 341, 323, 324, 354(B), 342, 307, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the prayer for anticipatory bail of this petitioner had been rejected vide order dated 21.11.2017 in Cr. Misc. No. 43326 of 2017. Again prayer for anticipatory bail has been made on behalf of the petitioner on fresh ground to the effect that the parties have settled the dispute between them by filing a compromise petition before the learned A.C.J.M.-VI, Araria,

Patna High Court Cr.Misc. No.12865 of 2018 (4) dt.18-04-2018 which is evident from Annexure-5. Hence, the petitioner, who is of clean antecedent, deserves the privilege of anticipatory bail. Learned counsel appearing for the informant has not controverted the submission of the learned counsel for the petitioner and submitted the parties have settled their dispute by way of compromise.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria, in connection with Araria Police Station Case No. 281 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T