Brajesh Kumar vs State Of Bihar &Amp; Anr on 3 November, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.38990 of 2010
                  BRAJESH KUMAR son of Bhola Singh, resident of village-Onta,
                 Chandravan Tola, P.S. hathidah, Dist-Patna        ...petitioner.
                                        Versus
                                 THE STATE OF BIHAR
                 Rashmi Sinha, daughter of naresh Prasad Singh,Wife of Brajesh
                 Kumar, resident of village-Onta,Chandravan Tola, P.S. -Hathidah,
                 Dist.- Patna                               ...opposite parties.
                                             -----------

2 03.11.2010 Heard the parties.

This is second attempt made by the petitioner for getting

anticipatory bail in a criminal prosecution registered under sections

498 A and 323 of the Indian penal Code. Prayer for anticipatory bail

made on behalf of the petitioner was earlier rejected by an order dated

21.04.2010 passed in Cr. Misc.No. 42343of 2009(Annexure-1) on the

ground that despite opportunity given to the petitioner the compromise

could not be arrived at between the parties either for restoration of

matrimonial relationship or for one time settlement of dispute.

Learned counsel for the petitioner submits that now the

matter has been compromised between the parties. After the aforesaid

order dated 21.04.2010 a joint compromise petition has been filed in

the court on 22.5.2010.

Be that as it may, for the reasons recorded in the previous

order dated 21.04.2010, this court is not inclined to accede to the

prayer made on behalf of the petitioner for grant of anticipatory bail.

It is accordingly rejected. However, in view of statement made by

the petitioner about compromise having been arrived at between the

petitioner and the complainant, the petitioner would be well advised to

appear in the court below within a period of four weeks from today
2

along with the complainant and if the court below, after recording the

statement of the complainant is satisfied about the genuineness of the

compromise then in that case prayer for regular bail of the petitioner

may be considered favourably and if possible disposed of on the

same day.

With the aforesaid observation and direction, the present

application stands disposed of.

Let this order be communicated through fax at the cost of

the petitioner.

( Birendra Prasad Verma, J )

M.Rahman