Dr. Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1581 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -RUPASPUR District- PATNA ====================================================== Dr. Kaushal Kumar son of Dr. Suresh Prasad Sah R/o F 204, NTPC Colony, Phase - 2, Ram Nagri, Ashiana Nagar, P.S. - Rajeev Nagar, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Rupaspur P.S. Case No. 237 of 2016 for the offence punishable under section 302 of the I.P.C.

Allegedly, Sri Ram Rai was working as a Guard in the under construction house of the petitioner and thereafter Sri Ram Rai died due to hanging. It is alleged that the petitioner used to torture the deceased and used to cause threats and always took overtime work from him resulting the petitioner killed him. Submission is of false implication and that the petitioner is a respectable doctor working as a Senior Resident,

Patna High Court Cr.Misc. No.1581 of 2017 (3) dt.16-02-2017 2/2 Department of Surgery, Patna Medical College, Patna and his profession is to save the life instead of taking it, the deceased committed suicide due to family tension, in the postmortem report cause of death has been found by asphyxia due to hanging, no injury has been found on the person of the deceased so the allegation that the deceased was killed by the petitioner is falsified.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that during investigation the witnesses have supported the allegation regarding torturing by the petitioner to the deceased.

In the facts and circumstances as stated above, considering the postmortem report, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Danapur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T