Dhananjay Mehta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1715 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Dhananjay Mehta and Ors Chalitar Mehta Resident of Village- Dadhpa Bigha, P.S.-Kutumba, District- Aurangabad.

2.

Harendra Mehta Dhananjay Mehta Resident of Village- Dadhpa Bigha, P.S.- Kutumba, District- Aurangabad.

3.

Bulandi Mehta Dhananjay Mehta Resident of Village- Dadhpa Bigha, P.S.- Kutumba, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-04-2019 The petitioners have renewed their prayer for grant of pre-arrest bail in connection with Kutumba P.S. Case No. 67 of 2018 registered under Sections 341, 323, 353 and 504/34 of the Indian Penal Code. Their prayer for grant of pre-arrest bail was earlier rejected by this Court vide order dated 05.07.2018 passed in Cr. Misc. No. 36301 of 2018 on merits.

There is no fresh ground for re-consideration of the prayer for bail except that a plea has been taken that the parties have amicably settled the dispute outside the Court. Since the allegation made in the FIR would attract ingredients of Section 353 of the Indian Penal Code, which is

Patna High Court CR. MISC. No.1715 of 2019(2) dt.03-04-2019 2/2 not a compoundable offence, the plea of compromise between the parties cannot be made a ground for grant of pre-arrest bail. In that view of the matter, I see no reason to take a different view of the matter. The application is dismissed. (Ashwani Kumar Singh, J) pradeep/sneha U T