Ramnarain Bhagat @ Ramnarain Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54446 of 2022 Arising Out of PS. Case No.-183 Year-2018 Thana- NAUTAN District- Siwan ====================================================== RAMNARAIN BHAGAT @ RAMNARAIN SINGH Son of Sri Ram Bhagat Resident of Village - Narainpur, P.s.- Nautan , Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under sections 363/364/34 of the Indian Penal Code, in connection with Nautan P.S. Case No. 183 of 2018.
As per the prosecution story, the informant has alleged that a boy from Narayanpur Tola came to his house and took away his son, Azad Ansari who failed to return. Later, his dead body was recovered. The further allegation is that his son had developed love affairs with the daughter of the petitioner for which he was assaulted and also threatened for direconsequences/killing.
Patna High Court CR. MISC. No.54446 of 2022(2) dt.16-12-2022 2/3 Learned counsel for the petitioner submits that merely because of the fact that he alleges love affairs of his son with the daughter of the petitioner, he has been implicated in this case, although there is no eye witness to the said occurrence. Even the informant has not named the person who came and called the victim for which he is in custody since 4.6.2022 (as stated in para-15 of the bail application). Considering the fact that there is only suspicion on the part of the informant about the role of the petitioner because of the affairs of his son allegedly with the petitioner's daughter, he is in custody since 4.6.2022, charge-sheet stands submitted and he do not have any criminal antecedent, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-VI, Siwan, in connection with Nautan P.S. Case No. 183 of 2018 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.54446 of 2022(2) dt.16-12-2022 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T