Daya Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59699 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== Daya Shankar Ram, S/o Late Ram Nihora Ram, R/o Vill.- Derwan, P.S.- Kudra, District- Kaimur, At present posted Junior Electric Engineer, Electric Supply Division- Naugachia, Section-Kharik, Police Station- Kharik, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner being a Junior Electric Engineer, Electric Supply Division- Naugachia, is apprehending arrest in a case registered for the offences punishable under Sections 304/34 of the IPC.

The prosecution case, as per the written report of Rupesh Sah, submitted to the S.H.O., Kharik Police Station is to the effect that on 11.03.2018, at about 9:30 AM, the father of the informant, Bhagwan Sah @ Boku Sah went to bring grass and

Patna High Court Cr.Misc. No.59699 of 2018(2) dt.28-09-2018 2/3 while returning, taking bundle of grass on his head, came in contact with 11,000 Volts electric wire which was lying low i.e, about six feets from the ground level, due to which he got electrocuted. Though for fixing of the said wire, several complaints were made before the Electric Department. It is submitted by the learned counsel for the petitioner that even assuming the accusation to be true, at best a case under Section 304 A of the I.P.C. is made out against the petitioner and the petitioner cannot be held solely responsible for the wire being in a loose condition. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the nature of accusation and the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-I, Naughachiya, in

Patna High Court Cr.Misc. No.59699 of 2018(2) dt.28-09-2018 3/3 connection with Kharik P.S. Case No.42 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/Deepak/- U T