Ramadhar Bhagat @ Ramadhar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22512 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Ramadhar Bhagat @ Ramadhar Kushwaha son of Late Dharampal Bhagat Village- Baraki Chattiyan Ps- Bhore Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-07-2023

1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Bhore P.S. Case No. 223 of 2022 registered for the offence under Section 366 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 27.09.2022.

5. The allegation against the petitioner is to kidnap the wife of informant alongwith other co-accused persons/family members, for the purpose of illicit intercourse/marriage.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner is the father of the main co-accused, namely, Akhilesh Bhagat against whom thrust of allegation is available as to

Patna High Court CR. MISC. No.22512 of 2023(3) dt.14-07-2023 2/2 kidnap the wife of the informant. It is submitted that the petitioner living separately from his son namely co-accused Akhilesh Bhagat and as such having no control/connection with his daily and domestic affairs. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as implication of petitioner appears being father of main coaccused Akhilesh Bhagat against whom thrust of allegation is available coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.09.2022, accordingly, above named petitioner is directed to be released on bail in connection with Bhore P.S. Case No. 223 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T