Pankaj Sharma @ Bisto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13904 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Pankaj Sharma @ Bisto Son of Sugalal Sharma, Resident of VillageHaripur Madi, Ward No. 8, P.S.- Banmankhi, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikramdeo Singh Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-03-2017 Heard the parties.
This application has been filed in connection with Banmankhi P.S.Case No.153 of 2016 for the offence under Sections 304 of the Indian Penal Code.
It is submitted on behalf of the petitioner that there is nothing intentional in the occurrence and the petitioner had only asked the deceased to come and remove the electric wire, which was in the field of the petitioner and in that course, the deceased received burn injury and due to that he died. The petitioner has remained in custody for about 1 1⁄2 months.
Heard learned A.P.P. also, who could not controvert the above facts.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.13904 of 2017 (2) dt.24-03-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Purnea in connection with Banmankhi P.S.Case No.153 of 2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U