Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60798 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MANISH KUMAR, S/o Ragho Jha, age 26 years, Male, Resident of MohallaSadpura Milky Tola, P.O.- Ramna, P.S.- Kazi Mohammadpur, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Singh, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kazi Mohammadpur P.S. (K.M.P.) Case No. 320 of 2020 for the offence registered under Sections 304/34 of the I.P.C. The prosecution story, in brief, is that on 14.10.2020, the husband of the informant who was an electrician was asked by authorities of Manish Electricals to repair the electricity

Patna High Court CR. MISC. No.60798 of 2021(2) dt.23-12-2021 2/3 from the pole, during the work, her husband suffered with electric shock, as a result of which, he fell down and became unconscious, subsequently, he died.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per allegation, the deceased was an electrician and he was allotted for repairing electric fault on a pole. It was an accidental death. At best, it is case for offence under Section 304A of the I.P.C. The petitioner has been made accused as he happens to be a petty contractor of the work which was allotted to one VTL Company.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, in connection with Kazi

Patna High Court CR. MISC. No.60798 of 2021(2) dt.23-12-2021 3/3 Mohammadpur (KMP) P.S. Case No. 320/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T