Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1382 of 2020 Arising Out of PS. Case No.-344 Year-2019 Thana- GAURICHAK District- Patna ====================================================== ROHIT KUMAR Son of Sanjay Kumar Singh @ Dr. Pappu Singh Resident of Village- Masarhi, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2021 Heard the parties.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 344 of 2019 registered for the offences punishable under Sections 341/323/324/307/34 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the State has filed a counter affidavit sworn by the Superintendent of N.M.C.H., Patna. From the statements made in the counter affidavit, it seems that the doctors who are to give injury report are not vigilant enough to supply the injury report to the investigating officers of the case.
Patna High Court CR. MISC. No.1382 of 2020(8) dt.06-12-2021 2/3 It is directed that the doctors who have treated the patient must send a copy of the injury report to the concerned S.H.O/Investigating Officer of the police within a week after recording the injuries. They should not wait for the letters to be send by the S.H.O./Investigating Officer of the case. It is their duty to send the injury report to the Investigating Officer/S.H.O. In the aforesaid circumstances and considering the injury report, the present anticipatory bail application is allowed.
Let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Gaurichak P.S. Case No. 344/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
The Principal Secretary, Department of Health, Government of Bihar, Patna, should also issue general direction to the Medical Officers and all concerned about sending the injury report within a week to the S.H.O./Investigating Officer. Let a copy of the order be communicated to the
Patna High Court CR. MISC. No.1382 of 2020(8) dt.06-12-2021 3/3 Principal Secretary, Department of Health, Government of Bihar, Patna, through FAX who shall circulate this order to all concerned so that in future this kind of lapse does not happen. With the aforesaid directions, this application for anticipatory bail is allowed.
(Sandeep Kumar, J) Saif/- U T