IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8506 of 2009 MUNNA KUMAR Versus STATE OF BIHAR ----------- Cr.Misc. No.12024 of 2009 KRIPESH KUMAR MISHRA @ ROHIT KUMAR Versus STATE OF BIHAR ----------- 2 30.4.2009 Cr.Misc. No.8506 of 2009 preferred by MUNNA KUMAR and Cr.Misc. No. 12024 of 2009 preferred by KRIPESH KUMAR MISHRA @ ROHIT KUMAR have been taken up together as they arise out of the same Mithanpura P.S. Case No. 202 of 2008 registered under various sections of the Penal Code and having been heard together are being disposed of by this common order. It is apparent that the petitioners have been made to figure as accused on the basis of group rivalry between two groups which have given rise to the instant police case as also Mithanpura P.S. Case no. 201 of 2008. It has been submitted that it would be apparent from the injury report that the offence of section 307 IPC is not made out so far as the petitioners are concerned. It has further been submitted that a compromise had been arrived at between the parties and a compromise petition signed by the accused of both cases attested by their respective lawyers had been filed before the learned Chief Judicial Magistrate. Without going into the merits of the case and due regard being had to the compromise petition filed by the parties the matter - 2 - is remitted back to the learned Chief Judicial Magistrate, Muzaffarpur, who will decide the same in accordance with law having regard to the submissions advanced that no offence under section 307 IPC is made out and the parties have entered into an amicable settlement resulting in the compromise petition. Both applications are accordingly disposed of in the light of the observations made above. The order may be communicated through FAX at the cost of petitioner of Cr.Misc. No. 8506 of 2009. Spd/- (Abhijit Sinha, J.)