Patna High CourtCR. MISC./14144/2024bail granted

Rakesh Kapri @ Rakesh Logi @ Rakesh Kumar v. The State Of Bihar

2024-03-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14144 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Rakesh Kapri @ Rakesh Logi @ Rakesh Kumar Son of Sri Prakash Logi @ Jai Prakash Logi R/o Village- Farhi Koshkapur, P.S.- Narpatganj, DistrictAraia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Narpatganj P.S. case No. 557 of 2023 instituted for the offences under Sections 341, 323, 376, 511, 506/34 of the Indian Penal Code.

3. Prosecution case, in short, is that this petitioner entered the house of the informant and tried to commit wrong with her. On hulla, this petitioner along with other accused persons assaulted the informant, her mother-in-law and her devar with lathi.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.14144 of 2024(2) dt.07-03-2024 2/3 present case due to previous enmity. Learned counsel further submitted that both the parties are next door neighbours and there is previous land dispute between them. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that victim, in her statement recorded under Section 164 of the Cr.P.C., has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narpatganj P.S. case No. 557 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.14144 of 2024(2) dt.07-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T