Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5893 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== SATYAM KUMAR Son Rameshwar Sah @ Ram Ishwar Sah Resident of Village - Saura, P.S.- Bajpatti, Distt - Sitamarhi. ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Virendra Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The appellant is seeking setting-aside the order dated 28.11.2019 passed by learned 1st Additional Sessions Judge - cum - Special Judge (SC/ST Act) Sitamarhi, in A.B.P. No. 2116 of 2019/204 of 2019 arising out of Bajpatti P.S. Case No. 272 of 2019 registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s), 2(Va) of SC/ST (Prevention of Atrocities) Act.

Learned counsel for the appellant submits that it is a case of false implication of the appellant and in fact no injury has been caused to the informant and his Bhabhi and further that both the parties being close neighbour have entered into compromise in order to buy peace and live peacefully. Learned Special P.P. for the State submits that if it is

Patna High Court CR. APP (SJ) No.5893 of 2019(2) dt.07-01-2020 2/2 the submission of learned counsel for the appellant that both the parties have entered into a settlement and they are close neighbour, the appellant may surrender in the court below and pray for regular bail.

Considering the facts and circumstances of the case where it is the submission of learned counsel for the appellant that no injury has been caused and that both the parties being close door neighbour have entered into a settlement and they want to live peacefully, instead of granting anticipatory bail, this court directs that in case the appellant surrenders in the court below within a period of four weeks from today and prays for regular bail and the informant also supports the compromise the prayer for regular bail of the appellant shall be considered and be disposed off by the court below on the same day considering the aforesaid facts.

This application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U T