Pawan Agrawal @ Pawan Kumar Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21309 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ====================================================== PAWAN AGRAWAL @ PAWAN KUMAR AGRAWAL Son of Om Prakash Agrawal Resident of Village -Bucheya Sidhwalia, district Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.S.R.P.Bakshi, Sr.Advocate. For the Opposite Party/s : Mr. Mustaque Alam (App) For the informant : Mr.Jeetendra Narayan Verma. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Sidhwalia P.S. Case No.17 of 2016 for the offence under Section 302/34 of the I.P.C.

Learned Senior counsel appearing on behalf of the petitioner submits that it is a case of purely accidental death. The teachers along with the petitioner obviously are being implicated in the present case, as the story regarding other two children who are sisters of the deceased being confined in a room, was far fetched. He further submits that the petitioner was not present at the relevant point of time at the place of occurrence and it was the

Patna High Court Cr.Misc. No.21309 of 2016 (3) dt.02-08-2016 2/2 teachers who had found the body lying in a ditch and had taken the boy to the hospital where he was declared dead. Learned counsel for the O.Ps. submits that it is a case of a small boy having been killed in a school campus and the responsibility of his safety is attached to the petitioner. Counsel for the State, however, after referring several paragraphs of the case diary submits that he also stated that the body of the boy was recovered from ditch who had drowned. It is further pointed out by the petitioner that he was not over there on the fateful day of the occurrence, rather he was at Siwan.

Considering the aforesaid facts and circumstances and that there being no cogent material relating to the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M., VIII, Gopalganj, in Sidhwalia P.S. Case No.17 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.