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Patna High CourtCR. MISC./37706/2024bail granted

Abdul Bari @ Md. Kamar Raja @ Md. Kamar Ajim Reja v. The State Of Bihar

2024-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37706 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Abdul Bari @ Md. Kamar Raja @ Md. Kamar Ajim Reja Son Of Ajim Raja Resident of Village - Shoripatti, P.S. - Sakra, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 304 of the Indian Penal Code.

3. As per prosecution case, on 22.03.2024 around 05:00 PM the informant and his mother came under the influence of live electric wire installed by this petitioner illegally while they were passing near the house of petitioner. Subsequent to which, the informant got injured due to electric shock and his mother died on spot. Incident took place due to laying of naked electric wire across the road and the garden.

4. Learned counsel for the petitioner submits that due to negligenceof electricity department, the alleged incident took place. The electric wire fell down from the electric pole and due to electrocution, the mother of the informed died. Petitioner has

Patna High Court CR. MISC. No.37706 of 2024(2) dt.11-07-2024 2/2 been made accused mainly because the orchard in question, on which electric wire had fallen, belongs to this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged 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 C.J.M., Madhubani in connection with Sakri P.S. Case No. 55 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T