Md. Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26114 of 2015 Arising Out of PS.Case No. -234 Year- 2013 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Md. Iqbal Son of Late Abdul Rahim, Resident of village- Nawada, P.S.- Uchakagaon, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 304/34 of the Indian Penal Code.

Murari, J.E., Md. Iqbal, Lineman (the petitioner) and Veeru, Lineman asked the son of informant to climb on the pole to repair the line but, in the meantime, current was allowed to pass through and the son of the informant got electrocuted and died during the course of treatment. It is submitted that it has nowhere come that the petitioner persuaded the son of the informant to climb on the pole for repairing the line. The petitioner did not play any role.

It appears that the petitioner and two others asked the son of the informant to climb on the pole for repairing the line and, in

Patna High Court Cr.Misc. No.26114 of 2015 (4) dt.21-12-2015 P2/2 the meantime, electric current was allowed to pass through causing electrocution of the son of the informant. It is a sheer case of negligence causing death of the informant's son. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail in Uchakagaon P.S. Case No. 234/2013. The same is accordingly rejected.

(Prabhat Kumar Jha, J) Saif/- U T