Dr. Sunil Dubey @ Sunil Kumar Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2396 of 2020 Arising Out of PS. Case No.-507 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== DR. SUNIL DUBEY @ SUNIL KUMAR DUBEY S/o Baid Subash Dubey Resident of G.M. Nurshing Home (Subash Market) Langartoli, P.S.- Pirbahore, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Mouar, Adv For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-06-2020 The matter has been taken up through video conferencing.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420,304(A) and 34 of the Indian Penal Code.
According to prosecution case, the wife of the informant got treated in the Nursing Home of the petitioner, namely, G.M. Hospital and for treatment, the hospital charge 1.5 Lacs and wrong treatment was done to the wife of the informant, as a result whereof, she died. The FIR is against the Manager of the said Hospital.
Patna High Court CR. MISC. No.2396 of 2020(3) dt.18-06-2020 2/3 Learned counsel for the petitioner submits that the occurrence alleged is dated 21.09.2019 whereas the petitioner, who is owner of the said house, on which Nursing Home is running, has already given on rent to Mr.Chandrashekhar Pandit through a written agreement dated 20.07.2017. During investigation also it has come that the petitioner had no concern with the said Nursing Home. Learned counsel for the State opposed the prayer for anticipatory bail on the ground of criminal antecedent of the petitioner.
Learned counsel for the petitioner submits that the criminal cases mentioned in para-3 of the bail petition is due to dispute for family property with the brother-in-law of the petitioner.
Since there is no direct material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pirbahore P.S.Case No.507 of 2019, subject to the
Patna High Court CR. MISC. No.2396 of 2020(3) dt.18-06-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case and also the petitioner shall not leave the country without permission of the learned Trial Court , failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T