Ramnath Yadav @ Ramnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50847 of 2024 Arising Out of PS. Case No.-326 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Ramnath Yadav @ Ramnath Kumar, S/O Khakhan Yadav, Resident Of Ward No. 01, Village- Dhattha, Police Station- Rosera, District- Samastipur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2.

Petitioner seeks bail in connection with Khodawandpur P.S. Case No. 326 of 2022 registered for the offences under Sections 363 and 365 of the Indian Penal Code.

3. The petitioner is not named in the First Information Report and is in custody since 30.12.2023.

4. Allegation against the petitioner is to kidnap the son of informant alongwith co-accused person, who is none but the wife of the son of informant, where son of informant is still traceless.

5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner falsely implicated with

Patna High Court CR. MISC. No.50847 of 2024(3) dt.20-09-2024 2/3 the present case, where the thrust of allegation is available against co-accused Rita Devi. It is submitted that as he found in mobile conversation with co-accused Rita Devi on certain occasion as per Call Detail Report, on the basis of such suspicion he was implicated with present case. It is submitted that the name of petitioner, first time, surfaced out of confessional statement of co-accused Rita Devi and also thereafter her self-inculpatory statement was recorded, where in furtherance of no incriminating material recovered/surfaced as to connect him prima-facie with present occurrence of kidnapping.

6. It is submitted that co-accused Rita Devi, who is wife of the son of informant also lodged a complaint case against the informant of this case, which has been registered as Complaint Case No. 173/2022 and for that reason only the present false implication was raised. While concluding argument, it is submitted that investigation of this case is completed for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence. Petitioner claimed to be a man of clean antecedent.

7. Learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.50847 of 2024(3) dt.20-09-2024 3/3 prayer for bail of the petitioner.

8. In view of aforesaid factual submission and by taking note of the fact that save and except suspicion arising out of confessional statement of co-accused, nothing incriminating material recovered/surfaced during course of investigation as to connect the petitioner prima-facie with the present occurrence, coupled with the fact that investigation of this case is completed, where petitioner is in custody since 30.12.2023, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, District - Begusarai/concerned court, in connection with Khodawandpur P.S. Case No. 326 of 2022, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J.) Rajeev/- U T