Priyanka Gupta And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30244 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -BHAGWAN BAZAR District- SARAN ======================================================
1. Priyanka Gupta, daughter of Deo Narayan Prasad Gupta, R/O MohallaHospital Chowk, Chapra, P.S.-Bhagwan Bazar, District-Chapra (Saran).
2. Harendra Rai, son of Sheo Jee Rai, R/O Mohalla-Malkhana Chowk, P.S.-Bhagwan Bazar, District-Chapra.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Rakesh Kumar Tiwary, Advocate For the S t a t e : Mr. Binod Kumar No.3 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Bhagwan Bazar P.S. Case No.134 of 2014 for allegedly having committed the offences under Sections 341, 342, 323, 379, 304 and 120B of the Indian Penal Code. Case diary in the present case was called for, which has since been received.
Learned counsel for the petitioners submits that petitioner No.1 Priyanka Gupta is the owner of the clinic, who had arranged medical facilities in favour of the wife of the informant at her clinic-Priyanka Seva Sadan. Petitioner No.2 Harendra Rai is the Compounder, who functioned thereat and
Patna High Court Cr.Misc. No.30244 of 2015 (4) dt.04-11-2015 2/3 administered medicines and/or any para-medical treatment which is advised to the patient under the guidance of the registered medical practitioner. Learned counsel for the petitioners further submits that the death as certified by the Doctor in the post-mortem report is due to cardio-respiratory failure and not due to post-operative infection and/or any negligence on the part of these petitioners. He further submits that another co-accused, namely, Nirmala Gupta @ Nirmala Devi, has been extended the privilege of anticipatory bail by this Court in Cr.Misc. No.30410 of 2015, vide order dated 30.10.2015.
Considering the aforementioned facts and circumstances, the nature of allegations and that there is no cogent material in the case diary, let both the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Chapra (Saran), in connection with Bhagwan Bazar P.S. Case No.134 of 2014, subject to the conditions as laid down under Section 438(2) of
Patna High Court Cr.Misc. No.30244 of 2015 (4) dt.04-11-2015 3/3 the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T