Kamla Kant Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40642 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================
1. Kamla Kant Mishra son of late Rajeshwar Mishra R/o Village Ramgarh, P.S. Bhagwanpur, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
According to prosecution case itself, the son of informant was bitten by scorpion on 13-07-2015 and in the evening of same day, petitioner gave injection to son of the informant but when the condition of informant's son started deteriorating, the informant took his son to the house of petitioner where the petitioner again gave injection and after sometime thereof, informant's son died on 14-07-2015.
The contention on behalf of the petitioner is that petitioner happens to be registered medical practioner and he was authorized to give first aid in rural areas but as a matter of fact,
Patna High Court Cr.Misc. No.40642 of 2015 (2) dt.10-09-2015 2/2 deceased died of bite scorpion and not by the medical aid provided by the petitioner.
The impugned order reveals that cause of death of the deceased has not been ascertained as yet. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhagwanpur P.S. Case No. 94 of 2015 to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua.
(Hemant Kumar Srivastava, J) A.K.V./- U T