Kripal Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64848 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

KRIPAL KAPRI Son of Late Rambriksh Kapri Resident of Village - Turkauliya, P.S.- Bathnaha, District - Sitamarhi 2.

Pukar Kapri @ Ram Pukar Kapri Son of Late Rambriksh Kapri Resident of Village - Turkauliya, P.S.- Bathnaha, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 366A and 34 of the Indian Penal Code.

As per allegations in the F.I.R., the minor sister of the informant was kidnapped by the F.I.R. named accused persons on the point of pistol.

It is submitted on behalf of petitioners that the victim girl, in her statement recorded under Section 164 Cr.P.C., has not alleged that petitioners have committed any wrong with her and specific allegation of kidnapping and committing rape is against co-accused Manjit Kapri. So far as petitioners are

Patna High Court CR. MISC. No.64848 of 2021(2) dt.12-07-2022 2/2 concerned, they are only alleged to have assisted the F.I.R. named accused persons in kidnapping the victim. Some of the similarly situated co-accused have already been granted bail by this Court. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as clean antecedent of petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 58 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T