The High Court of Patna renewed and dismissed an application for pre-arrest bail in a murder and grievous hurt case arising from PS Case No. 10 of 2017, holding that a plea of compromise in a non-compoundable offence is without consequence.
Rejection of the renewed application for grant of pre-arrest bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4153 of 2019
Arising Out of PS. Case No.-10 Year-2017 Thana- DAUDPUR District- Saran
======================================================
Amit Kumar Singh Late Ashok Singh Resident of Village and Post-Barwan, P.S.- Daudpur, District- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satish Kumar For the Opposite Party/s : Mr.Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 03-04-2019
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has renewed his application for grant of pre-arrest bail in connection with Daudpur P.S. Case No. 10 of 2017 registered under Sections 341, 323, 325, 307 and 379/34 of the Indian Penal Code.
The prayer for grant of pre-arrest bail of the petitioner was earlier rejected by this Court vide order dated 02.07.2018 passed in Cr. Misc. No. 35807 of 2018. The operative part of the order reads as under:-
“Considering the specific allegation against the petitioner that he assaulted with knife to the informant causing injury for which he was treated first at Ekma Government Hospital and thereafter he was referred to P.M.C.H.,
Patna High Court CR. MISC. No.4153 of 2019(2) dt.03-04-2019 2/2
Patna for proper treatment, I am not inclined to grant him pre-arrest bail. Accordingly, his prayer for grant of pre-arrest bail is rejected.”
Learned counsel appearing for the petitioner submitted that after the rejection of bail by this Court vide order dated 02.07.2018, the parties have amicably settled the dispute outside the Court and a compromise petition has also been filed in the court below.
Be that as it may, the second application for grant of pre-arrest bail on the plea of compromise in a noncompoundable offence would be of no consequence. I see no reason to take a different view of the matter.
The application is dismissed once again.
(Ashwani Kumar Singh, J)
pradeep/sneha
U T
1 issue framed by the court
Whether pre-arrest bail ought to be granted in a non-compoundable offence despite a subsequent settlement between parties
Amit Kumar Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
