Rambali Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30773 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- BATHNAHA District- Sitamarhi ====================================================== RAMBALI SAH, S/o Damodar Sah, R/o village- Yogiwana, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhubala Verma, Advocate For the Opposite Party/s :

Mr.Abhay Kumar No. 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 31-08-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 304 of the Indian Penal Code.

Informant has alleged in his written complaint that on 08.09.2020 at 10:00 A.M. his daughter namely Sanjana Kumari aged about 7 years and daughter of Subodh Kumar Mahto, namely, Manisha Kumari aged about 6 years were playing in front of the house of one Ram Singhansan Raut where Ram Bali Sah (petitioner) had taken electric line from the transformer with a naked wire and both the children died due to electric shock.

Patna High Court CR. MISC. No.30773 of 2021(2) dt.31-08-2021 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to dirty village politics. Petitioner is bonafide consumer of Electricity Department and electric connection has been provided by the Electric Department and there is no latches on behalf of petitioner. Petitioner has no criminal antecedent and is in custody since 28.01.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P.S. Case No. 210 of 2020, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper

Patna High Court CR. MISC. No.30773 of 2021(2) dt.31-08-2021 3/3 and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU T