Dr. Jahid Husain @ Md. Jahid Husain @ Jahid Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28407 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Dr. Jahid Husain @ Md. Jahid Husain @ Jahid Ansari Son of Late Yasin Resident of Hospital Road, Ward No.7 Forbesganj, P.S. - Forbeshganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Bhakta, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 372 of 2024, registered for the offence punishable under Sections 420, 304, 504 and 506/34 of the Indian Penal Code.

3. It is alleged that this petitioner alongwith other coaccused persons took Rs. 60,000/- from the informant for the treatment of husband of informant, but due to inappropriate treatment / operation, he died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is qualified doctor and has obtained M.D. degree from U.S.S.R.

Patna High Court CR. MISC. No.28407 of 2025(2) dt.15-05-2025 2/3 and thereafter, obtained medical registration certificate from Medical Council of India, New Delhi. As a matter of fact, husband of informant met with an accident and thereafter, he was admitted in the clinic of petitioner and after primary treatment, the patient was referred to Purnea or Patna for proper treatment, where in course of treatment, he died on 07.06.2024. Learned counsel for the petitioner further submits that husband of informant was a cardiac patient, for which, his treatment was going on at Indira Gandhi Institute of Cardiology, Patna and as such, he died, but taking advantage of the situation, this false and concocted case has been lodged. There was no negligence on the part of the petitioner. Entire allegation is based on conjectures and surmises without there being any evidence in support of the allegation.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in

Patna High Court CR. MISC. No.28407 of 2025(2) dt.15-05-2025 3/3 connection with Forbesganj P.S. Case No. 372 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T