Om Prakash Saxsena v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14870 of 2018 ====================================================== Om Prakash Saxsena, S/o Late Mahanth Ram, Resident of Village- Darauli, P.S.- Bhabhua District Kaimur at Bhabua at present address- Residing of Mohala- Bhabua Ward No.1, Chakabandi Road, P.S.- Bhabua DistrictKaimur at Bhabua. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjay Kumar, S/o Shivnath Prasad, Resident of Mohalla- Bhabua, Ward No. 24, P.S.- Bhabua District- Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed for modification of the order dated 02.01.2018 passed in Cr. Misc. 41393 of 2017. Learned counsel for the petitioner has submitted that petitioner has made payment of Rs.3,00,000/- to the complainant and he has filed compromise petition in the court below, but court below has not released the petitioner on anticipatory bail. This Court finds that the order dated 02.01.2018 passed by this Court in Cr. Misc. 41393 of 2017 is speaking order.
Therefore, this Court does not find any reason to
Patna High Court Cr.Misc. No.14870 of 2018 (2) dt.11-04-2018 2/2 modify the order dated 02.01.2018 passed in Cr. Misc. 41393 of 2017.
This modification application stands dismissed. Petitioner is directed to surrender before the court below within four weeks from the date of receipt of this order along with valid receipt, to show that he has paid entire amount to the complainant, and make prayer for regular bail which shall be considered by the court below in accordance with law on the basis of compromise and will be disposed off preferably on the same day.
Let this order be communicated to the Court of learned Judicial Magistrate, 1st Class, Kaimur, Bhabua, in connection with Complaint Case No. 210 of 2013. (Sanjay Priya, J) S.Ali/- U T