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Patna High CourtCR. MISC./5087/2022bail granted

Anand Kumar Singh @ Krishna Kumar Singh v. The State Of Bihar

2022-06-21Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5087 of 2022 Arising Out of PS. Case No.-202 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== ANAND KUMAR SINGH @ KRISHNA KUMAR SINGH S/o SATY NARAYAN SINGH Resident of Village- Hanuman Nagar, P.S.- Jaynagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khajauli P.S. Case No. 202 of 2020 registered for the offence under Sections 304 and 34 of the IPC.

The petitioner is named in the FIR and is in custody since 22.09.2021.

The allegation against the petitioner is to commit culpable homicide not amounting to murder and while committing so cause the death of wife of the informant. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.5087 of 2022(2) dt.21-06-2022 2/3 petitioner submitted that the allegation as regard to run the healthcare service is completely false as petitioner is engaged in Tent activities. It has submitted that even the version of the FIR is believed, the wife of the deceased for better treatment, firstly, referred from PHC to alleged healthcare centre of the petitioner from where she has been further referred to one Ram Shila Hospital located at Sakri, Madhubani, where, she died. While arguing over the matter, it has further been submitted that from bare perusal of the FIR is no way appearing that the petitioner was involved to provide any medical treatment to the wife of informant, which alleged to cause her death.

It has further been submitted that the petitioner is involved in other 5 different criminal case as mentioned in paragraph no.3 of the bail petition and he is on bail in all cases, which is of different nature. Learned APP while opposing the prayer for bail, fairly conceded the fact that the petitioner is not involved in the medical treatment of the wife of the informant, as per FIR.

Patna High Court CR. MISC. No.5087 of 2022(2) dt.21-06-2022 3/3 P.S. Case No. 202 of 2020 (CRI No.2043 of 2020) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Madhubani subject to the following conditions: "(i) Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents. (ii) That one of the bailors shall be Father of the petitioner, namely, Saty Narayan, who is the deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T