Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60076 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Lalan Yadav Son of Harendra Yadav @ Harindra Yadav R/o Village- Khodi Pakar, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 165 of 2024 registered for the offences punishable under Sections 341, 323, 325, 307, 354(B), 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 24.03.2024 while she was sitting at her door, when she saw that her agnates have constructed a wall over he land, on which she raised an objection, thereafter Harendra Yadav grabbed the informant by her hairs and started dragging her and thereafter Lalan (petitioner) started assaulting the informant by an iron rod causing injury over her body and even

Patna High Court CR. MISC. No.60076 of 2024(2) dt.19-09-2024 2/3 her leg got injured, further Chandan started pulling the saree of the informant on account of which she got disrobed while Harendra kept dragging her and when son and husband of the informant intervened, everyone assaulted them by lathi, danda and iron rod and named female members of the family of the petitioner also assaulted them.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place. It is next submitted that petitioner and the informant are agnates.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that there is a specific allegation against this petitioner of assaulting the informant who is a woman, it is next submitted that from perusal of the order impugned, it would manifest that the same records that the informant received grievous injury. It is next submitted that specific allegation of assaulting the informant is against the petitioner and since the injury is grievous, it amply demonstrates that the informant was assaulted with force in a

Patna High Court CR. MISC. No.60076 of 2024(2) dt.19-09-2024 3/3 brute manner.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T