Rajesh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73110 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- GOBARDHANA District- West Champaran ====================================================== Rajesh Sharma, Son of Yogendra Sharma, Resident of Village- Nawaka Tola Sisawadih, Police Station- Gobardhana, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra For the Opposite Party/s :
Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the parties.
The application for anticipatory bail arises out of Gobardhana P.S. Case No. 39 of 2018, disclosing the offence under Section 304 of the Indian Penal Code. The informant's son died of electrocution in the field belonging to the petitioner. A live wire was running around the petitioner's field, which he had got installed to protect the agricultural produce from being damaged by the animals. Learned counsel, appearing on behalf of the petitioner, has submitted that no offence under Section 304 of the IPC can be made out.
Considering the facts and circumstances of the case, and in view of the nature of accusation, this application is
Patna High Court Cr.Misc. No.73110 of 2018(2) dt.19-12-2018 2/2 allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Shri J. Akram, learned Judicial Magistrate, 1st Class, Bagaha, West Champaran in Gobardhana P.S. Case No. 39 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/- U T