Jai Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55928 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -GOVINDPUR District- NAWADA ====================================================== Jai Prakash Sharma son of Shri Balak Sharma Resident of Quarter no. D.T. 652 Dam Side, P.S. Dhurwa, District - Ranchi, Jharkhand. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 287 and 304/34 of the Indian Penal Code.

The prosecution case is that 27 labourers were taken to Gumla in the province of Jharkhand where the petitioner was a contractor, Pradeep Ranjan Das was Supervisor and Rajnikant Singh was Munshi. It is alleged by the informant that his brother-in-law Rajdhu Munda fell ill due to pressure of work but he was not provided adequate medical assistance in spite of request by the deceased.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.55928 of 2015 (2) dt.15-12-2015 2/2 petitioner that admittedly the victim died due to some illness communicated by the labourers and there is nothing on the record to suggest that the petitioner was informed about the death of the victim. Moreover, the informant has retracted from the initial version and filed a petition to that effect before the learned court below.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the victim died due to illness, let the above named petitioner be released on anticipatory bail, in the event of arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No. 89 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T