Ramashankar Bind @ Ramashankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67179 of 2023 Arising Out of PS. Case No.-552 Year-2014 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Ramashankar Bind @ Ramashankar Prasad Son Of Raj Nath Bind VillageKhajuriya, Ps- Sonhan, Dist- Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudarshan Kumar, Advocate For the Opposite Party/s :
Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhabhua/Sonha P.S. Case No. 552/2014 lodged on 03.12.2014 under Sections 366, 366A of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against the sole petitioner with an allegation of kidnapping the daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the petitioner has been made accused in the present case only on the basis of suspicion. The petitioner is basically a teacher and used to run his coaching centre. He is aged about 47 years and is a married person. The petitioner is in custody since 13.06.2023
Patna High Court CR. MISC. No.67179 of 2023(4) dt.29-02-2024 2/3 having clean criminal antecedent. Learned counsel further submits that a supplementary affidavit has been filed in which the petitioner has provided the address and mobile number of the alleged victim which is of Tamilnadu. He has also annexed the screenshot of the social media account of the alleged victim and submits that if the police shall verify then trace of the alleged victim shall easily be made.
5. Learned counsel for the State opposes the prayer for bail and submits after going through the case diary that the recovery of the alleged victim has not been made and the chargesheet has been submitted against the petitioner.
6. It transpires to this Court that the victim has not been recovered though the case has been filed in the year 2014. In the light of the supplementary filed by the petitioner providing the trace, mobile number and social media Id of the victim, let the Superintendent of Police, Kaimur at Bhabua to do all the needful for ensuring recovery of the said victim.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on provisional bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.67179 of 2023(4) dt.29-02-2024 3/3 Sessions Judge-III, Kaimur at Bhabhua, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
7. If the victim girl shall be recovered from the said place by the police then the provisional bail granted to the petitioner shall be confirmed by the learned Trial Court and if she shall not be recovered from the said place then the provisional bail granted to him shall be cancelled. The trace, mobile number and the social media Id of the victim provided by the petitioner by way of supplementary affidavit in paragraph nos. 2 and 4 is as follows :- " 2. Room No. 15/19, Gangeshar Street, Village-Subbanickenpudur (Udayampalayam), P.OChinavedampatti, P.S. -Shravanapatti, DistrictCoimbatore, Pin Code-641049 (Tamilnadu). Mobile No. 7806926139. Instagram Id "radhi_ka_._ by the name and style of Radhika Kumari. "
(Dr. Anshuman, J) Ashwini/- U T