Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28597 of 2021 Arising Out of PS. Case No.-504 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Vikram Kumar, S/O Sukhdev Prasad @ Sukhdev Saw, R/O Village-Sirdalla, Police Station - Sirdala, District - Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Akbarpur P.S. Case No. 504 of 2020 for the offence punishable under Sections 302 and 201 of the Indian Penal Code. Though the petitioner is not named in the F.I.R. but co-accused Pawan Kumar and Ravindra Kumar, in their self inculpatory statements, have stated that the girl was administered some medicine for abortion and she started bleeding, thereafter, she was taken to the unlicensed nursing home being managed by the petitioner and others who are not doctors but during the course of treatment she died.

Patna High Court CR. MISC. No.28597 of 2021(2) dt.09-02-2022 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is not the owner of the nursing home but in paragraph nos. 18 of the case diary it has come that one Ravindra Kumar is the owner of the said nursing home, inasmuch as, there is no motive or intention of the petitioner to participate in the death of the deceased.

Learned APP for the State appears and opposes the bail petition by submitting that when the deceased died her dead body was thrown in the field.

It is an admitted fact that neither the petitioner nor the other accused persons running the nursing home, who participated in the treatment of the deceased, were even qualified nursing staffs. In the opinion of this Court, this is not a fit case for grant of anticipatory bail to the petitioner. Accordingly, this bail application is dismissed. (Sandeep Kumar, J) pawan/- U