Ramakant Bhagat @ Ramakant Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28605 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -BARHARIA District- SIWAN ======================================================

1. Ramakant Bhagat @ Ramakant Prasad, Son of Jaydev Bhagat,

2. Pankaj Kumar @ Pankaj Bhagat , Son of Ramchandra Bhagat,

3. Ujjay Chand Bhagat, Son of Jaydev Bhagat,

4. Prabhu Bhagat, Son of Ramchandra Bhagat, All Resident of VillageGirdharpur, P.s.- Barharia, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Barharia P.S. Case No. 236 of 2016 for the offences instituted under Sections 364/34 of the Indian Penal Code.

The allegation against the petitioners is of committing abduction of the husband of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.28605 of 2017 (2) dt.06-07-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioners have been named in the F.I.R. merely on the suspicion. There is no other substantive evidence to suggest their implication in the present case. The alleged date of occurrence is 04.11.2016 and the F.I.R. has been instituted on 10.11.2016. The delay has not been explained by the prosecution. On behalf of the State and the counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Barharia P.S. Case No. 236 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T