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Patna High CourtCR. MISC./66111/2019bail granted

Akhilesh Mishra @ Akhilesh Kumar Mishra v. The State Of Bihar

2019-11-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66111 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BHORE District- Gopalganj ====================================================== AKHILESH MISHRA @ AKHILESH KUMAR MISHRA S/o Nand Kishore Mishra R/o village- Dighawa, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This application, for grant of anticipatory bail, arises out of Bhore P.S. Case No. 217 of 2019, disclosing offences under Sections 302, 201 and 34 of the Indian Penal Code. Petitioner is husband of the deceased and there is allegation against the petitioner that he has killed the deceased and disposed of the dead body.

Submission of learned counsel for the petitioner is that at the time of cremation of the deceased, the family members of the informant were present but later on this false case has been lodged and the real fact is that the deceased died due to diarrhea and doctor has also opined the same in paragraph - 22 of the case diary and further the children have also been examined and they have also stated that the deceased was suffering from diarrhea.

Patna High Court CR. MISC. No.66111 of 2019(3) dt.18-11-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Bhore P.S. Case No. 217 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T