Dhiraj Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13574 of 2019 Arising Out of PS. Case No.-571 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== DHIRAJ KUMAR GUPTA, aged about 43 years (Male), Son of Late Ram Prasad Gupta, Resident of Pachmahalla, P.S. - Jehanabad, Distt.- Jehanabad. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjaya Nath Tiwari For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 304 of the Indian Penal Code. Petitioner is running a medical shop under the license. The informant brought her mother for treatment before the petitioner and he served injection which reacted leading to death of the mother of the informant.
Submission is that, in fact, the matter is of medical negligence and the informant had consciously brought her mother for treatment and there was no malice on the part of the petitioner.
Considering the entire facts aforesaid including the fact that the petitioner has got no criminal antecedent, let the
Patna High Court CR. MISC. No.13574 of 2019(3) dt.16-04-2019 2/2 petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jehanabad Police Station Case No. 571 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T