Patna High Court
SHARMILA DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail applications are disposed of, with the petitioners directed to seek regular bail before the lower court subject to the outcome of the compromise petition.
Summary
The petitioners, four relatives, feared arrest in connection with a 2022 police case involving multiple IPC offences. Bail had already been granted to two of them, while the remaining two sought anticipatory bail. The petitioners informed the court that they had settled the dispute and filed a compromise petition. The court, noting the settlement, disposed of the anticipatory bail applications and directed the petitioners to apply for regular bail before the lower court, contingent on the informant’s support for the compromise. If the compromise is not supported, the lower court will pass an appropriate order.
Issues considered
- Whether anticipatory bail should be granted when the parties have reached a settlement and filed a compromise petition
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 384, 427, 504, 506
Subjects
- anticipatory bail
- regular bail
- compromise petition
- settlement
- IPC offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1254 of 2024
Arising Out of PS. Case No.-516 Year-2022 Thana- ALOULI District- Khagaria
======================================================
1. SHARMILA DEVI W/O DILIP RAI RESIDENT OF SANOKHAR, WARD
NO. 2, PS. ALAULI, DIST. KHAGARIA.
2. AVINASH KUMAR S/O DILIP RAI under the guardianship of his uncle
Uday Kumar, male, aged about 50 years, son of late Jibacch Ray
RESIDENT OF SANOKHAR, WARD NO. 2, PS. ALAULI, DIST.
KHAGARIA.
3. BALMIKI KUMAR S/O DILIP RAI RESIDENT OF SANOKHAR, WARD
NO. 2, PS. ALAULI, DIST. KHAGARIA.
4. BOBBY KUMAR @ BABBI KUMAR S/O DILIP RAI under the
guardianship of his uncle Uday Kumar, male, aged about 50 years, son of
late Jibacch Ray RESIDENT OF SANOKHAR, WARD NO. 2, PS.
ALAULI, DIST. KHAGARIA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 09-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest connection
with Alauli P.S. Case No.516 of 2022, registered for the
offences punishable under Sections 341, 323, 504, 506, 384,
379, 427, 307, 324 and 34 of the Indian Penal Code.
3. The prayer for bail of the petitioner Nos.1 and 3
was granted on 24.01.2024 passed in Cr. Misc. No.1254 of
Patna High Court CR. MISC. No.1254 of 2024(5) dt.09-02-2026
2/2
2024. So far as the petitioner Nos.2 and 4 are concerned, their
application is pending.
4. At the very outset, the learned Counsel for the
petitioners submits that the parties have settled their dispute and
a compromise petition has been.
5. In that view of the matter, the application for
anticipatory bail of petitioner Nos.2 & 4 is disposed of with a
direction to the petitioners to appear and pray for regular bail
before the Court below. If the compromise is supported by the
informant, the bail bond of the petitioners shall be accepted and
if the compromise petition is not supported by the informant,
appropriate order shall be passed by the Court below.
6. Accordingly, the instant application stands disposed
of.
(Sandeep Kumar, J)
mdrashid/-
U T
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