High Court Patna High Court - Orders

Parmanand Patel vs The State Of Bihar on 2 February, 2011

Patna High Court – Orders
Parmanand Patel vs The State Of Bihar on 2 February, 2011
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.2835 of 2011
          PARMANAND PATEL SON OF LATE VASUDEO RAI,
          RESIDENT OF VILLAGE-FAFAUT, P.S.-KHODAWANDPUR,
          DISTRICT-BEGUSARAI.
                                                       ...........PETITIONER.
                                       Versus
          THE STATE OF BIHAR
                                            ...............OPPOSITE PARTY.
                             -----------

2/ 02.02.2011 Heard the parties.

The petitioner has approached once again to this

Court under Section 438 Cr. P.C. for grant of anticipatory

bail in a criminal prosecution registered under Section 3 (1)

(X) (XI) of SC & ST (P.O.A.) Act, 1989. The prayer for

anticipatory bail made on behalf of the petitioner, besides

others, was rejected by this Court by a speaking order dated

06.05.2010 passed in Criminal Miscellaneous No. 12175 of

2010 (Annexure 1). Learned counsel for the petitioner

submits that after the aforesaid order dated 06.05.2010, the

matter has been compromised between the parties. The

compromise or no compromise is not a ground for grant of

anticipatory bail in a criminal prosecution registered under

Section 3 (1) (X) (XI) of SC & ST (P.O.A.) Act, 1989,

however, that can be a ground for grant of regular bail.

In that view of the matter, learned counsel for the
2

petitioner seeks permission to withdraw this application

with a liberty to surrender in the court below and seek

regular bail in connection with Begusarai SC/ST P.S. Case

No. 208 of 2009, pending in the court of learned Chief

Judicial Magistrate, Begusarai.

Permission is accorded.

Application is dismissed as withdrawn with a

liberty to the petitioner to surrender in the court below and

seek regular bail, if so advised.

( Birendra Prasad Verma, J )

Anjani/