IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14568 of 2010 ASHUTOSH KUMAR PANDEY, SON OF GAURI SHANKAR PANDEY, RESIDENT OF VILLAGE- BARHARWA LAKHANSEN, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN :-- PETITIONER . Versus THE STATE OF BIHAR:----Opposite Party . ----------- 3. 19.05.2010. Heard. Having considered the grounds raised in the restoration application Cr. Misc. No. 40568 of 2009 is restored to its original file and taken up for admission. Petitioner was allowed the same benefit which was allowed to co- accused Dr. Vinay Kumar under orders dated 28.5.2008 passed in Cr. Misc. No. 48411 of 2007, Annexure-1 provided petitioner surrenders in the court of S.D.J.M., Raxaul at Motihari within four weeks from 28.5.2008. Petitioner did not surrender within the same time. His extension application was also rejected under orders passed in Cr. Misc. No. 9271 of 2009, as has been stated in paragraph-2 of this application. Petitioner has not yet surrendered in the court below and has filed the present anticipatory application which was dismissed for default for failure of the counsel for the petitioner to appear on 25.3.2010 and 26.3.2010. It is submitted on behalf of the petitioner that the prosecution case is for the offence under Sections 468, 471, 419, 420, 409/34 of the Penal Code which was lodged by Sri Hari Shankar Prasad, Incharge Medical Officer of the Primary Health Centre, Adapur and during the pendency of this matter the compromise has also taken place. The offences alleged are not compoundable yet the victim whose money was not paid by the petitioner is said to have entered into a compromise which this Court will not recognize. Accordingly, the prayer made in the application is rejected. P.K.P. (V.N.Sinha,J.)