Dr. K.C. Vidyarthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27743 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Dr. K.C. Vidyarthi Son of Shri Yadu Nandan Rai resident of village - Gorigama, P.S. Mahua, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 304/34 of the Indian Penal Code. It is alleged that son of the informant was admitted in Arti Nursing Home of Dr. K. C. Vidyarthi for consuming poison but the doctor asked informant to deposit Rs. 25, 000/- and only then treatment would be started. Informant was able to deposit only Rs. 5,000/- and, as such, his son died due to lack of treatment.

It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent and he has been falsely implicated in the present case. It has further been submitted that in paras-19 and 20 of the case diary the brother of the deceased had been examined and he admitted that the deceased consumed poison and due to which he succumbed to death. On behalf of the State, it is submitted that petitioner is named in the F.I.R. and cause of death could not be ascertained in

Patna High Court Cr.Misc. No.27743 of 2015 (3) dt.28-09-2015 2 / 2 course of post mortem examination of the deceased. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,Vaishali at Hajipur in connection with Mahua P.S. Case no. 147 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T