Sonu Suman Prasad @ Sonu Kumar @ S. Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68071 of 2021 Arising Out of PS. Case No.-484 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Priyanka Kumari @ Priyanka Modi Wife of Sonu Suman Prasad Resident of Village - At Present Sai Seva Sadan, Court Area, P.S. and District - Lakhisarai. Permanent R/o Village - Argarha, P.S. and District - Ramgarh (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7800 of 2022 Arising Out of PS. Case No.-484 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sonu Suman Prasad @ Sonu Kumar @ S. Prasad Son Of Bishnudev Prasad Gupta R/O Village- At Present Sai Seva Sadan, Court Area, P.S. And DistrictLakhisarai. Permanent R/O Village- Harnaha, Ward No.11, P.S. And DistrictJamui ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 68071 of 2021) For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.A.G.

(In CRIMINAL MISCELLANEOUS No. 7800 of 2022) For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner, informant and the State.

Petitioner apprehends arrest in registered for the offence punishable under Sections 304, 420, 34 of the Indian Penal Code.

As per prosecution case, this petitioner and her husband conducted delivery operation and during operation daughter of the informant died.

Patna High Court CR. MISC. No.68071 of 2021(3) dt.18-10-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that delivery operation has been conducted by Doctor Sandip Saw who runs the nursing home in question and petitioner's husband is only a caretaker. Petitioner has got clean antecedent.

Learned counsel for the State opposes the prayer for bail application submitting that petitioner along with her husband conducted the delivery operation without having any requisite qualification as a result of which daughter of the informant died. The aforesaid fact is also substantiated vide her own FIR, Lakhisarai (Kabaiya) P. S. Case No. 485 of 2021, which was lodged by petitioner against the family members of the informant.

Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) navya/- U T