Parmatma Kumar @ Parmatma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19440 of 2024 Arising Out of PS. Case No.-1265 Year-2023 Thana- DANAPUR District- Patna ====================================================== Parmatma Kumar @ Parmatma S/o Rajendra Prasad C/o R.D. Hijed Company Pvt. Ltd. At Mainpura, P.s. - Patliputra, Distt. - Patna, Permanent R/o vill - Uprawan, P.S. - Kashichak, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan, Advocate For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 304 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that the informant along with his father and other labourers were working 15-20 beneath the ground from where water was to be taken out and for that purpose electric motor
Patna High Court CR. MISC. No.19440 of 2024(2) dt.08-04-2024 2/3 was to be installed.
4. It is next alleged that petitioner instructed the father of the of the informant to take out the electric motor from the water and when his father was taking out the electric motor when the petitioner turned on power switch, on account of which his father got electrocuted. Learned counsel submits that from perusal of the allegation itself it would manifest that it is not a case where the informant had any mensrea that his act may cause death of the deceased, rather the act was rash and negligent, but then petitioner never had intention of committing the murder of the deceased. It is also submitted petitioner will not abscond rather will cooperate in the investigation.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Ist, Danapur in connection with Danapur P.S. Case No.1265 of 2023, subject to the
Patna High Court CR. MISC. No.19440 of 2024(2) dt.08-04-2024 3/3 conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T