Sri Jawahar Lal @ Jawahar Lal Bekas @ Dr. Jawahar Lal Bekas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10616 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- NOKHA District- Rohtas ====================================================== SRI JAWAHAR LAL @ JAWAHAR LAL BEKAS @ DR. JAWAHAR LAL BEKAS Son of Late Sahdeo Chaudhary Resident of Village -Bekas Niwas, Village - Nokha, P.S.- Nokha, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Nokha P.S. Case No. 133 of 2019 (POCSO Case No. 118/19) registered for the offences punishable under Sections 376, 304, 120(B) of the Indian Penal Code and Section 4 of POCSO Act. The allegation against the petitioner as per the First Information Report is that the daughter of the informant had love affair and sexual relationship with the co-accused, on account of which, she became pregnant and was taken to the Hospital of the petitioner where the petitioner along with one Nurse treated and administered her medicine in order to abort the pregnancy and

Patna High Court CR. MISC. No.10616 of 2020(5) dt.29-09-2020 2/2 subsequently, the daughter of the informant died due to excessive bleeding.

Learned counsel for the petitioner submits that the petitioner is not a qualified doctor. He is pharmacist and has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner is 77 years old and suffering from old age ailments.

On the other hand learned counsel for the State referring to paragraphs 6, 8, 9 and 10 of the case diary submits that during course of investigation, it has come to light that petitioner is not the qualified doctor and despite that he treated the daughter of the informant and after taking pills given by the petitioner, daughter of the informant died due to excessive bleeding. Having regard to the submissions made by the parties and taking into consideration the materials on record and also the fact that petitioner is not a qualified doctor, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T