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Patna High CourtCR. MISC./86868/2019bail rejected

Sunil Kumar v. The State Of Bihar

2020-02-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86868 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== Sunil Kumar Son of Raj Kishore Rai Resident of Village-Bheraukhara, P.SPatepur, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Patepur P.S. Case No. 235/2019 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Petitioner is said to have given Farsa blow on the head of the injured.

Submission on behalf of the petitioner is that father of petitioner and father of informant are full-brothers and as a matter of fact, the alleged occurrence took place on account of some petty dispute but, subsequently, both the parties compromised the matter and the informant had appeared before the court below in support of compromise.

Regard being had to the above stated facts and

Patna High Court CR. MISC. No.86868 of 2019(2) dt.17-02-2020 2/2 circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected.

However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider the regular bail petition of the petitioner, keeping in mind the factum of compromise as well as injury sustained by the informant, without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) Spd/- U T