Lalan Kumar Yadav@Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36225 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== LALAN KUMAR YADAV@LALAN KUMAR Son of Nandu Ray, Resident of Village - Majorganj, Hatta Tola, Ward No.03, P.S.- Megorganj, Distt.- Sitamarhi.

.. ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Mr. Upendra Kumar Chaubey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Majorganj P.S. Case No. 185 of 2020 registered for offence punishable under sections 447, 341, 323, 307, 354, 379/34 of the Indian Penal Code.

As per allegation, when the informant was preparing meal in her house, co-accused Pawan Kumar and Dr. Mohit Kumar entered into her house, they outraged her modesty and badly assaulted her. Whereafter, the present petitioner with co-accused Nandu Prasad Yadav and some other co-accused persons came there equipped with iron rod, farsa, etc. and after

Patna High Court CR. MISC. No.36225 of 2021(3) dt.25-07-2022 2/3 putting rope in the neck of her husband, they dragged him. There is also allegation against the petitioner that he inflicted blows on the head of her husband with sharp weapons. Sustaining injuries, her husband became injured.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated. He has submitted further that there is previous enmity and land dispute between both the parties and there is delay of four days in lodging the FIR, as occurrence took place on 25.11.2020, but the FIR was lodged on 29.11.2020. He has also submitted that the petitioner is a person of clean antecedent.

The learned Additional Public Prosecutor assisted by the learned counsel for the informant has opposed the prayer for bail and submitted that there is a specific allegation against the petitioner that he inflicted blows with sharp weapons on the head of Shyam Kumar Yadav, husband of the informant and Shyam Kumar Yadav suffered injuries, which are dangerous to life as per opinion of the doctor.

Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privileges for anticipatory bail and accordingly his prayer for anticipatory bail is rejected.

Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.36225 of 2021(3) dt.25-07-2022 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T