Piyush Kumar Kapri @ Piyush Kr. And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26342 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -BANKA District- BANKA ======================================================
1. Piyush Kumar Kapri @ Piyush Kr., S/o Sri Barun Kr. Kapri
2. Barun Kr. Kapri, S/o Mahesh Kapri
3. Anita Devi, W/o Barun Kr. Kapri, all resident of village- Lakrikola, P.S.- Banka, District- Banka .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ajay Mukherjee, Mr. Ganesh Sharma, Advocates For the State : Mr. (Dr.) Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case filed under Sections 366 A/34 of the Indian Penal Code. It is contended on behalf of the petitioners that they are brother, father and mother of the co-accused Prince Kumar Kapri. As per the allegation, 17 years 6 months old daughter of the informant was allegedly abducted by the Prince Kumar Kapri and others. However, the statement of the girl recorded under Section 164 Cr.P.C. reveals that she was having love affair with Prince Kumar Kapri and she had willingly gone with him and stayed at
Patna High Court Cr.Misc. No.26342 of 2016 (2) dt.05-07-2016 2 / 2 Bhagalpur. On 22.02.2016, they got married in Bhairon Asthan at Banka and, thereafter, they returned back. She has disclosed her age to be 19 years whereas the court below has assessed her age to be 18 years. It is also contended that the police has submitted the final form exonerating the petitioners but cognizance has been taken by the court.
Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Banka P.S. case no.107 / 2016, the above named petitioners, Piyush Kumar Kapri @ Piyush Kr., Barun Kr. Kapri and Anita Devi shall be released on bail on furnishing bail bonds of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T