Pramod Kumar Singh @ Pramod Singh vs The State Of Bihar
2021 Latest Caselaw 885 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31650 of 2020
        Arising Out of PS. Case No.-83 Year-2020 Thana- SABAUR District- Bhagalpur
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Pramod Kumar Singh @ Pramod Singh, aged about 57 years (Male), son of Mahipal Singh, resident of village - Simroh, P.S.- Sabour, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the State : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Mr. Viveka Nand Singh, learned counsel for the

petitioner and Mr. Shailendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Sabour PS Case No.83 of 2020 dated 17.03.2020, instituted

under Sections 504, 304/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he had

fenced his field with barbed wire and also electrified it and

when the deceased went and touched it, he became unconscious

and when he was told to make arrangement for treatment, his

family members refused and the deceased died.

Patna High Court CR. MISC. No.31650 of 2020 dt.12-02-2021

4. Learned counsel for the petitioner submitted that

there was no intention of any wrong doing and it was the fault

on the part of the deceased, who had touched the barbed wire. It

was submitted that though there is allegation with regard to wire

being electrified, but the police upon inspection of the place of

occurrence has not seized any electric wire which falsifies the

prosecution case. It was submitted that the petitioner has no

criminal antecedent.

5. Learned APP submitted that the Court below has

clearly indicated upon perusal of the case diary that the

deceased died upon coming in contact with live electric wire

which clearly proves that the allegation is not false. It was

further submitted that by electrifying the barbed wire, which is

also illegal, he had put the life of humans and animals in real

danger.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. However, if the petitioner surrenders before the

Court below and prays for bail within four weeks from today,

the same shall be considered on its own merits, in accordance Patna High Court CR. MISC. No.31650 of 2020 dt.12-02-2021

with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T