Patna High CourtCR. MISC./32543/2015bail granted

Subodh Sah v. The State Of Bihar

2015-11-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32543 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Subodh Sah, S/o Late Badri Sah, Resident of Village- Chapra Manorath, P.S. Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s : Smt. Pushpa Sinha- 2(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Kanti P.S. Case No.108 of 2015 for allegedly having committed the offence under Section 304 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he had utilized illegal device to draw electricity to the School premises and on account of such illegal and negligent act, the child of the informant was electrocuted. Learned counsel for the petitioner, however, submitted that if at all any offence is made out against the petitioner, the present situation, which led to such an

Patna High Court Cr.Misc. No.32543 of 2015 (3) dt.03-11-2015 2/2 occurrence, was not deliberate and/or intentional. Learned counsel for the State, while referring to the case diary, submits that the offence as alleged is made out as the petitioner had indulged in an illegal act.

However, considering the entire facts and circumstances and the nature of allegations made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur, in connection with Kanti P.S. Case No.108 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T