IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35143 of 2011 ====================================================== 1. Chandeshwar Paswan, son of late Rudal Paswan. 2. Kushmi Devi, wife of Chandeshwar Paswan. 3. Subodh Paswan, son of Chandeshwar Paswan. 4. Rajeev Paswan, son of Chandeshwar Paswan. All are residents of Vill. Mirja Nagar, P.S. Mahua, Distt. Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Manju Devi, wife of Manohar Paswan, resident of Vill. Hilalpur Tok, P.S. Industrial Area, Distt. Vaishali. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Prashant Sinha, Advocate For the State : Mrs. Asha Devi, Addl. P.P. For the Informant : Mr. Umesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 25-10-2011 Mr. Umesh Kumar, learned Advocate has appeared and filed his power on behalf of the informant (O.P. No.2) today in the Court. Let it be kept on record. Heard learned counsel appearing for the petitioners, learned counsel appearing for the State as also learned counsel appearing for the informant (O.P. No.2). The petitioners, who are in-laws of the deceased, apprehend their arrest in a criminal prosecution registered under Patna High Court Cr.Misc. No.35143 of 2011 (2) dt.25-10-2011 2 Sections 304B, 201 and 34 of the Indian Penal Code. It is submitted that though the petitioners are named in the first information report vide Annexure-1 as accused, and there is allegation of their participation in the crime in question, but subsequently the informant, on enquiry, came to know that the deceased has not died in the manner as alleged in the first information report vide Annexure-1. By referring to Annexure-2, it is submitted that subsequently the informant filed a petition in the learned court below stating therein that the deceased died due to accidental fire. It is also highlighted that the Opposite Party No.2 has now entered into a compromise with the accused persons. Learned counsel appearing for the informant has supported the factum of the compromise. Learned counsel appearing for the State submits that offence is not compoundable and, therefore, at this stage the compromise petition may not be looked into. In the facts and circumstances of the case, this Court is of the considered opinion that the petitioners and the informant should appear before the learned court below within a period of four weeks from today in connection with Mahua P.S. Case No.203 of 2011 pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur. Learned court below shall verify Patna High Court Cr.Misc. No.35143 of 2011 (2) dt.25-10-2011 3 the correctness or otherwise of the petition filed on behalf of the informant as also compromise petition vide Annexure-2 series, and if the learned court below is satisfied about the genuineness of such petition as also the compromise petition, then the learned Chief Judicial Magistrate shall admit the petitioners on bail on furnishing sufficient sureties. However, if the court is not satisfied about the genuineness/correctness of the petition and the compromise petition, then the court may pass appropriate order in accordance with law. The application stands disposed of with the aforesaid observations and directions. Let this order be communicated to the court below through FAX at the cost of the petitioners. Anjani /- (Birendra Prasad Verma, J)