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Patna High CourtCR. MISC./3653/2016bail granted

Jyoti Singh v. The State Of Bihar

2016-02-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3653 of 2016 Arising Out of PS.Case No. -64 Year- 2015 Thana -AGIAUN District- BHOJPUR ======================================================

1. Jyoti Singh son of Suryadeo Singh resident of village - Bargaon, P.S. - Ajimabad, District - Bhojpur.

.... .... 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. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 304, 120(B), 34 of the Indian Penal Code.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that the allegations as brought in the First Information Report is not exactly made out as it is a case of electrocution by mistake and it cannot be treated to be a case under Section 304-A of the Indian Penal Code.

Learned counsel appearing on behalf of the State submits after perusal of the case diary, that it is a case of electrocution caused by falling of electric wire on account of which the

Patna High Court Cr.Misc. No.3653 of 2016 (3) dt.18-02-2016 P2/2 deceased, a labourer, had suffered electric shock. Considering the aforementioned facts and circumstances of the case and also the fact that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon (G) P.S. Case No. 64 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T