Kapleshwar Bhagat @ Tetar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1468 of 2017 Arising Out of PS.Case No. -475 Year- 2013 Thana -BAHERA District- DARBHANGA ======================================================

1. Kapleshwar Bhagat @ Tetar Bhagat, son of Khushi Lal Bhagat, resident of Village - Shivram, Police Station - Bahera, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard the parties.

This application is for grant of bail in connection with Bahera P.S.Case No.475 of 2013 for the offence under Sections 366(A)/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case as the victim girl was not liking her husband as he was paralyzed, as such she left the house of the petitioner and the petitioner has no role in this case as well as the witnesses have also stated during the course of investigation the above facts. The petitioner is in custody for about six months.

Heard learned A.P.P. also.

Having heard both sides. From perusal of the impugned

Patna High Court Cr.Misc. No.1468 of 2017 (4) dt.23-02-2017 2/2 order itself, it appears that the case is of the year, 2013 whereas the petitioner has surrendered in the year, 2016 and since 7.8.2016, the petitioner is in custody.

So far merit of the case is concerned, but considering the facts stated above, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail after framing of the charge in this case.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U