Ambika Mahto @ Ambika Prasad @ Amak Mahto @ Amka Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32229 of 2018 Arising Out of PS.Case No. -257 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Ambika Mahto @ Ambika Prasad @ Amak Mahto @ Amka Prasad S/o Late Ganesh Mahto, R/o Vill.- Chainpura, P.S.- Tekari (Panchanpur) and District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Tekari (Panchanpur) P.S. Case No. 257 of 2016, registered for offences punishable under Sections 304 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he was taking electricity line through naked wire through his pump-set and due to that daughter of the informant was died.

Submission of the learned counsel for the petitioner is that there is allegation of taking electricity to naked wire is wrong. It may be possible that somewhere the wire was open and there was no intention to kill and the petitioner was not knowing the fact that the cause of death of the daughter of the informant by electricity.

Patna High Court Cr.Misc. No.32229 of 2018 (3) dt.06-07-2018 2/2 Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail stating that earlier also the villagers have asked not to do the same but he continued to get the electricity through the naked wire. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Gaya, in connection with Tekari (Panchanpur) P.S. Case No. 257 of 2016, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure on the condition that one of the bailor should be local bailor.

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