IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50657 of 2008 Chandra Bhushan Tiwary Versus State Of Bihar & Ors ---------------------------------- 02. 08.11.2011 This is an application for quashing the order passed by Shri S. Singh, Judicial Magistrate, Bettiah on 19.4.2004 with regard to the Complaint Case No.387 of 2002, Tr. No.645 of 2003, whereby the bail bond of the petitioner has been cancelled and direction has been issued for issuance of Non-bailable Warrant of arrest against the petitioner and also to quash the subsequent orders i.e. order dated 11.9.2006 whereby again direction has been issued for issuance of Non- bailable warrant of arrest and process under Section 82 and 83 has been issued in complete violation of the statute and other consequential orders. Heard learned counsel for the petitioner and learned counsel for the State. Grievance of the parties, if, is resolved and petition for compromise is filed then the only material remains with the Court to look into the provision whether offence is compoundable or not, if compoundable then to decide the case on basis of compromise with no other option. Further it is made clear that for non-appearance, issuance of Non-bailable Warrant in non-serious cases is not allowed without issuance of summons and bailable warrant, in any case that cannot be followed by issuance of process under Section 82 and 83 of the Cr.P.C. simultaneously. All the observations made above are to be taken into consideration by the trial Court in case petitioner surrenders in the 2 Court. Accordingly, this application is disposed of. Vikash ( Mandhata Singh, J.)