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Patna High CourtCR. MISC./11787/2015bail granted

Lalmuni Devi v. The State Of Bihar

2015-04-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11530 of 2015 (3) dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11530 of 2015 Arising Out of PS.Case No. -379 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Dr. Rakesh Kumar son of Surendra Prasad Sinha, Resident of villageJogira, P.S.- Darbhanga, District- Darbhanga, presently residing at Mohallah- Club Road, P.S.- Aurangabad Town, District- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11787 of 2015 Arising Out of PS.Case No. -379 Year- 2014 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Lalmuni Devi wife of Late Ram Lakhan Ram, resident of MohallaNawadih, Jagjivan Nagar, P.S.- Aurangabad Town, District- Aurangabad .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.11530 of 2015) For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Veena Rani Prasad (App) (In Cr.Misc. No.11787 of 2015) For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. T.P.Mandal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2015 Both the above stated petitions have arisen out of Aurangabad Town P.S. Case No. 379 of 2014 registered for the offences punishable under Sections 419, 420, 471, 472, 409, 304, 506/34 of the Indian Penal Code and Section 5(2) of Private

Patna High Court Cr.Misc. No.11530 of 2015 (3) dt.28-04-2015 Hospital and Medical Clinic Act, 1999 and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner in Cr. Misc. No. 11530 of 2015 is, admittedly, a qualified doctor and according to prosecution case, he did operation whereas petitioner in Cr. Misc. No. 11787 of 2015 is a nurse who took the informant to the clinic of Md. Daud and it is alleged that she gave injection to the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, these anticipatory bail petitions are allowed and it is ordered that petitioners, named above, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Aurangabad Town P.S. Case No. 379 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T