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Patna High CourtCR. MISC./56021/2015allowed

Electric Operator Hari Kishan @ Hari Krishna Singh v. The State Of Bihar

2016-01-19Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56021 of 2015 Arising Out of PS.Case No. -356 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================

1. Electric Operator Hari Kishan @ Hari Krishna Singh , Electric Sub Station Pahari son of late Rajdev Singh a resident of chhoti Pahari, Police Station -Agamkuan, district Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case under sections 304 of the IPC.

The informant is the father of the deceased, Lakho Paswan. He stated that a Junior Engineer of Electricity Department, Anuja Rashmi, called the deceased for maintenance of electricity power. The petitioner asked him to complete the maintenance work as he has already cut off the power line. The deceased tried to do the maintenance work but he got electrocuted as the power line was not properly cut off by the operator, the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.56021 of 2015 (3) dt.19-01-2016 2/2 petitioner had no intention to cause harm to the deceased and at most the case would be of negligence.

Having regard to the facts and circumstances of the case, let the petitioner, as named above, in the event of arrest/ surrender be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the lime amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. case No. 356 of 2015, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The petitioner would not physically absent for two consecutive dates at a stretch till two witnesses are examined in the trial, failing which his bail bond would be cancelled. (Samarendra Pratap Singh, J) BKS/- U T