The petitioner applied for anticipatory bail in a non-compoundable offence under Section 365 IPC alleging false implication and death of the informant. The Court held that specific accusations and the gravity of the offence preclude bail despite a compromise filed after the informant's death.
The petition for anticipatory bail stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23869 of 2014
Arising Out of PS.Case No. -306 Year- 2005 Thana -KURHANI District- MUZAFFARPUR ====================================================== 1. Md. Razak Mian Son of Late Gonaur Mian Resident of Village - Saraiya, P.S. Kurhani, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Verma,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 10-09-2014 Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court Cr.Misc. No.23869 of 2014 (2) dt.10-09-2014
2
Section 365 IPC is not compoundable in terms of Section 320 Cr.P.C., and hence there can be no question of compromise in the matter.
(Vikash Jain, J)
Chandran U T
1 issue framed by the court
Whether anticipatory bail can be granted in an offence under Section 365 IPC when the accusation is specific and the offence is non-compoundable under Section 320 Cr.P.C.
2 provisions across 2 enactments
Md. Razak Mian
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
