Rakesh Prabhakar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52733 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Rakesh Prabhakar Son of Basudeo Prabhakar, Resident of VillageBawanipur, P.S.- Hulasganj, District- Jehanabad At present electric S.D.O., Dehri, District- Rohtas (Sasaram).

2. Ajit Kumar S/o Devendra Prasad, Resident of Village- Bahwani Chak, Amarpura, P.S.- Nawabatpur, District- Patna. At present Electric Junior Engineer (J.E.E.) Nauhatta, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for grant of anticipatory bail for offences punishable under Sections 304 and 34 of the Indian Penal Code.

Allegation against the petitioners is of negligence causing death to the informant's husband.

It has been submitted on behalf of the petitioners that as a matter of fact, some other persons were using the electricity in an illegal manner by joining the naked wire, from which the informant's husband suffered serious burn injuries in several parts

Patna High Court Cr.Misc. No.52733 of 2016 (2) dt.21-12-2016 2/2 of the body and later on died. The only allegation of negligence has been levelled against these petitioners; however, the petitioners had no knowledge about the said illegal use of electricity.

Heard learned A.P.P. also.

Considering the facts and circumstances and the nature of offence, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ravindra Kumar, learned Judicial Magistrate -1st Class, Dehri, in connection with Nauhatta P.S. Case No. 12 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunil/- U T