Dismissed¶21

Rajesh Kumar @ Rajesh Yadav v. The State of Bihar

Patna HC8 May 2024CR. MISC./10509/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected for 18-year delay; Patna High Court; Rajiv Roy, J; Cr. Misc. No.10509 of 2024; Rajesh Kumar @ Rajesh Yadav vs State of Bihar; Complaint Case No. 51C/2006, PS Lakhisarai; Sections 147, 148, 323, 354, 379, 427, 435 IPC; allegation of setting straw on fire and loss of paddy grain; complainant Lalita Devi; complaint filed 28.3.2006; cognizance never known to petitioner; Sections 82 and 83 Cr.P.C. process issued 20.3.2023; direction to surrender within four weeks; no criminal antecedent.

What did the court decide?

The Court declined to extend anticipatory bail relief to the petitioner in view of the 18-year delay in approaching the Court after the complaint and cognizance, and the anticipatory bail application was accordingly rejected. ¶21

Rajesh Kumar @ Rajesh Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10509 of 2024

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Arising Out of PS. Case No.-51 Year-2006 Thana- COMPLAINT CASE District- Lakhisarai

¶3

======================================================

¶4

Rajesh Kumar @ Rajesh Yadav Son of Late Mahendra Yadav Resident of village- Kurauta, P.S.- Lakhisarai, District- Lakhisarai

¶5

... ... Petitioner/s

¶6

Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mrs.Puja Kumari, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 08-05-2024

¶14

Heard Mrs. Puja Kumari, learned counsel for the petitioner and the State.

¶15

The petitioner is apprehending arrest in connection with Complaint Case No. 51C/2006 instituted under Sections 147, 148, 323, 354, 379, 427 and 435 of the Indian Penal Code filed on 28.3.2006 by the complainant, Lalita Devi.

¶16

As per the complaint, the complainant has alleged that while she was sleeping in her field, the accused persons came and after putting clothe in her mouth, set the straw on fire. This led to loss of paddy grain kept there. Accordingly, the complaint.

¶17

Learned counsel for the petitioner submits the cognizance was taken in the matter but was never known to him and in that background, only section 82 and 83 Cr.P.C. process

¶18

Patna High Court CR. MISC. No.10509 of 2024(3) dt.08-05-2024 2/2

¶19

was issued on 20.3.2023, he felt the need to file anticipatory bail application.

¶20

Learned APP on the other hand points out 18 years after the complaint was filed, the petitioner has come to this Court.

¶21

In view of the delay that is there, this Court is not inclined to extend relief to the petitioner which is accordingly rejected.

¶22

However, if the petitioner surrenders within a period of four weeks from today before the concerned Court, the Court shall take note of the allegation that has come against the petitioner as also the fact that he has no criminal antecedent and it is his case that it was never known to him.

¶23

(Rajiv Roy, J)

¶24

Ravi/-

¶25

U T

Rajesh Kumar @ Rajesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Kumar @ Rajesh Yadav v. The State of Bihar

Case brief

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