Petitioners sought renewed pre-arrest bail in a criminal appeal alleging dispute settlement. The Court held that settlement is irrelevant for non-compoundable offences like Section 353 IPC, resulting in dismissal of the bail application.
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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
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... ... 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
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 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
2 issues framed by the court
Whether an alleged settlement of dispute compels grant of pre-arrest bail when the offence under Section 353 IPC is non-compoundable.
Whether to grant pre-arrest bail when there are no fresh grounds for reconsideration.
1 provisions across 1 enactments
Dhananjay Mehta and Ors.
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
