Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5464 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- KONCH District- Gaya ====================================================== Chandan Kumar Son Of Sri Kamlesh Das Resident Of Village - Mudwan, Police Station - Goh, District - Aurangabad ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Konch P.S Case No. 182 of 2023 registered for the offence punishable under Section 304/34 of the I.P.C.

3. As per allegation in the FIR, the petitioner is a doctor by profession and the allegation against the petitioner is that he killed the informant's wife during the course of treatment for the money.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel for the petitioner further submits that in

Patna High Court CR. MISC. No.5464 of 2024(2) dt.15-02-2024 2/3 FIR no were mentioned that when and where the deceased was referred. It is next submits that it is the case of the informant only that he himself took his wife to the Hospital for surgey and there during the course of treatment her condition deteriorated and after that she was referred but the informant never discloses that for what purpose the surgery was taking place. It is also submitted that petitioner is in judicial custody since 25.07.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and compromise petition, the allegation against the petitioner is negligency in surgical operation and death is caused due to oozing excess blood from the body of the informant's wife and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.5464 of 2024(2) dt.15-02-2024 3/3 like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Konch P.S Case No. 182 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T