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Patna High CourtCR. MISC./34824/2014dismissed

Lalit Yadav v. The State Of Bihar

2015-03-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34824 of 2014 Arising Out of PS.Case No. -387 Year- 2013 Thana -BAHADURPUR District- DARBHANGA ====================================================== Lalit Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. B.N. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-03-2015 Heard both sides.

The petitioner apprehends his arrest in Bahadurpur Pator (O.P) P.S. Case No. 387 of 2013 registered under section 307 and other allied sections of the Indian Penal Code.

The mother of the petitioner is the informant and she alleged that the petitioner assaulted her with grasa on her head. Learned counsel for the petitioner submits that prior to lodging of this case the wife of the petitioner lodged Bahadurpur Pator P.S. Case No. 345 of 2013 against the informant and others. There is land dispute between the mother and son and on account of such disputes this case has been lodged. It appears that the mother has made very specific allegation against her own son, the petitioner that he assaulted her

Patna High Court Cr.Misc. No.34824 of 2014 (2) dt.11-03-2015 2/2 with grasa on her head. One injury was found on the head and the injury was caused by hard and blunt substance and simple in nature. Since the petitioner being the son assaulted his own mother, I am not persuaded to grant him anticipatory bail. Accordingly the same is rejected.

The petitioner if so advised, may surrender and seek regular bail which shall be considered by the learned court below taking into consideration the fact that the injury caused by the petitioner is simple in nature. If such an application is filed the same should be disposed of on the same day. (Prabhat Kumar Jha, J) M.Rahman/- U T