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Patna High CourtCR. MISC./30367/2023bail granted

Akash Prasad Kesri v. The State Of Bihar

2024-07-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30367 of 2023 Arising Out of PS. Case No.-175 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

AKASH PRASAD KESRI SON OF MAHESH PRASAD KESARI RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN 2.

VIKAS PRASAD KESARI SON OF MAHESH PRASAD KESARI RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN 3.

MAHESH PRASAD KESARI SON OF LATE RAMJI SAH RESIDENT OF VILLAGE - DAROGA TOLA, KOLUHARWA, P.S. - TOWN MOTIHARI, DISTT. - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. As per allegation, the deceased committed suicide and a video clip became viral in which the deceased was stating that members of his sasural were committing atrocities on him.

3. Learned senior counsel for the petitioners submits that though the anticipatory bail of the petitioners was rejected vide order dated 19.05.2022 in Cr. Misc. No.

Patna High Court CR. MISC. No. 30367 of 2023(9) dt.26-07-2024 2/2 56512/2021, but fresh ground is that when the informant realized the real fact, he compromised the case. His further submission is that it is an admitted case of suicide.

4. Considering the above-mentioned facts and circumstances and also considering that the informant himself has filed compromised application expressing the innocence of the petitioner, let the petitioners, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Muffasil (Motihari) P.S. Case No. 175 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T