Dr. Ajay Kumar Sinha @ Ajay Kumar Sinha v. The State Of Bihar

Patna High Court Cr.Misc. No.15599 of 2017 (4) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15599 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -PURAINI District- MADHEPURA ====================================================== Dr. Ajay Kumar Sinha @ Ajay Kumar Sinha, Son of Late Sukdeo Prasad, Incharge Medical Officer, P.H.C., Puraini Bazar, P.S.- Puraini Bazar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Puraini P.S. Case No. 06 of 2017 registered under Section 304 of the Indian Penal Code.

The accusation is that, on 25.01.2017, wife of informant reached at PHC, Puraini, for delivery of child by Surgery under the Family Planning Scheme. In-Charge Surgery Department, Dr. Ajay Kumar Sinha (petitioner), done the operation of his wife for delivery of child and also put the stitch. When the informant asked about removing the stitch then Kanchan Devi, Asha, told him to come with Rs.14,000/- at the clinic of the petitioner. When the

Patna High Court Cr.Misc. No.15599 of 2017 (4) dt.11-07-2017 informant asked the petitioner then he also told the informant to come at his clinic with Rs.14,000/-. While the informant was trying to manage the cash of Rs.14,000/-, in the meantime, his wife died on 28.01.2017 due to latches of Dr. Ajay Kumar Sinha (petitioner). Learned counsel for the petitioner submits that while petitioner was present, on 25.01.2017, being the In-charge of PHC, Puraini, and several operations were done under the scheme of Family Planning Scheme but the name of wife of the informant is not mentioned in the register of the hospital regarding her surgery, which would appear from paragraph 21 of the case diary.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Puraini P.S. Case No. 06 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.