Basant Lal Yadav @ Basanti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80950 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== Basant Lal Yadav @ Basanti Yadav Son of Munni Lal Chaudhary Resident of Village- Rupan Chak, P.S.- Hathua, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Hathua P.S. Case No. 186 of 2019 registered for the offences punishable under Sections 341, 323, 324, 354, 379, 307 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is a case and counter case between the parties in which both sides sustained injuries and the medical evidence does not support the prosecution case. It is further submitted that both sides are family members and there is very chance of the restoration of good feeling between the parties. Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.80950 of 2019(2) dt.16-12-2019 2/2 bail.

Considering the facts and circumstances of this case, wherein there is specific allegation against this petitioner of giving Farsa blow on the head of the informant and her mother causing injury on the head of the mother of the informant, in the nature of weapon being used and there being vital part of the body on which the petitioner inflicted injury, I am not inclined to grant privilege of anticipatory bail to the petitioner. In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit. (Rajeev Ranjan Prasad, J) vats/ved U T