Lalan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31529 of 2024 Arising Out of PS. Case No.-279 Year-2023 Thana- PIYAR District- Muzaffarpur ====================================================== LALAN KUMAR SON OF MAHESH RAI RESIDENT OF VILLAGE - HATTHA TOLA KALYAN NAGAR, P.S. - PIYAR (HATHHO O.P.), DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Piyar (Haththa O.P.) P.S. Case No. 279 of 2023 for the offence under sections 341, 323, 354, 379, 307, 447, 448, 504, 506, 34 of the I.P.C. lodged on 25.12.2023 by the informant, Mukesh Ray.
3. As per the prosecution story, the informant alleged that when he had gone to attend Tilak ceremony and only females were in the house, meanwhile, the accused persons, due to old dispute, started abusing his daughter who had gone to purchase some household items. As she came and complained to her mother and when she went to enquire about the incident, not only she was abused, the accused persons assaulted with
Patna High Court CR. MISC. No.31529 of 2024(2) dt.22-05-2024 2/2 iron rod causing injury on her head and hand, she became unconscious. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that there is three days delay in lodging of the FIR which has not been explained and the allegation of assault on the head has been found to be simple in nature.
5. Learned APP opposes the prayer stating that the accused persons created a situation and in a coal blooded manner, assaulted the lady causing injury not only on the head but also in the hand which was fractured and the same has been found to be grievous in nature.
6. Taking into account the nature of injury of the lady and assault without any provocation, it would be appropriate that the petitioner seeks bail, the anticipatory bail application stands rejected.
(Rajiv Roy, J) kiran/- U T