Barsha Kumari @ Barsha Bharti @ Kumari Barsha Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69721 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- DEO District- Aurangabad ====================================================== Barsha Kumari @ Barsha Bharti @ Kumari Barsha Bharati D/o Late Saroj Prasad Chaurasia Resident of Village-Bhadu Bigha, P.S. Deo, Distt.- Aurangabnad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Deo P.S. Case No. 99 of 2018 instituted for the offence under Section 304/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is Principal of the School.

In the written report it is alleged that on 15.8.2018 the informant got information from her daughter Pihu Kumari that her son namely Abhiman Kumar @ Suman Kumar who was studying in Mahatma Gandhi Public School in Nursery class, fell down from roof of the school. She also learnt from the villagers about the incident. It is further alleged that

Patna High Court Cr.Misc. No.69721 of 2018(2) dt.28-11-2018 2/3 informant learnt that her son namely Abhiman Kumar got injury and Proprietor of the school namely Muslim Khan @ Chandu and petitioner did not provide vehicle. Due to that reason her son could not reach Hospital on time. It is further alleged that one female teacher Rishu Kumari took the son of the informant by road on Motorcycle. The Proprietor of the school Muslim Khan met the informant and told that he is going to school to clean blood from place of occurrence and asked Rishu Kumari to go to Hospital. He did not provide any help. The son of the informant was anyhow taken to Primary Health Centre from where he was referred to Sadar Hospital, but Doctor declared him dead.

Counsel for the petitioner submits that from the written report itself it is apparent that allegation against the petitioner is that he did not provide vehicle to take the injured son of informant to Hospital. The petitioner is said to be Principal of the school. He is in custody since 27.8.2018 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.69721 of 2018(2) dt.28-11-2018 3/3 Magistrate, Aurangabad, in connection with Deo P.S. Case No. 99 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T