Single-judge High Court rejected the petitioner's prayer for anticipatory bail in a serious offence under IPC 386/34, despite an alleged compromise. Court directed petitioner to surrender and file regular bail below.
Prayer for anticipatory bail rejected. Petitioner directed to surrender and file regular bail in lower court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1253 of 2018
Sarbar Shekh @ Sarbar Mian ….. Petitioner Versus 1. The State of Jharkhand 2. Sanjeev Kumar Choudhary ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. S.K. Deo, Advocate. For the State : A.P.P.
--------- 05/Dated: 06/07/2018
Petitioner is apprehending his arrest in connection with Deoghar (Town) P.S. Case No. 541 of 2014, corresponding to G.R. No. 1257 of 2014, registered under Sections 386 / 34 of the I.P.C.
Learned counsel for the petitioner submitted that the parties have amicably compromise the case and has filed compromise petition in the court of Principal District & Sessions Judge, Deoghar, vide Annexure-2 of the anticipatory bail application.
Learned APP opposed the prayer for anticipatory bail of the petitioner and submitted that the offence under Section 386 of the I.P.C. is non-compoundable.
Be that as it may, keeping in view that the nature of allegation is very serious, I am not inclined to admit the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
However, petitioner, if so desire, may surrender in the court below and file regular bail application in the court below. The court below will consider the bail application of the petitioner on its own merits without being prejudiced by the order of this Court.
(Anant Bijay Singh, J.)
Sunil/
1 issue framed by the court
Whether anticipatory bail should be granted in a non-compoundable offence where parties have allegedly reached a compromise.
Sarbar Shekh @ Sarbar Mian
The State of Jharkhand
Sanjeev Kumar Choudhary
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
