Dr. Nagendra Kumar @ Nagendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42234 of 2015 Arising Out of PS.Case No. -204 Year- 2015 Thana -JAMUI District- JAMUI ====================================================== Dr. Nagendra Kumar @ Nagendra Kumar Son of Umesh Prasad Resident of village - Bardih, P.S. Islampur, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Urmila Devi Wife of Dina Nath Pandey Residentof village - Kundri, P.S. Jamui, District - Jamui .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-10-2015 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the informant and also the learned A.P.P. The petitioner, Dr. Nagendra Kumar @ Nagendra Kumar, apprehends his arrest in Jamui P.S. Case No.204 of 2015 registered for the offence punishable under Section 304 of the IPC. The allegation is that the informant along with her daughter and one shop keeper went to the clinic of the petitioner and deposited Rs.1100/- as fees. The daughter of the informant, namely, Sangeeta, was taken to the operation theatre for the purpose of delivery. After operation, i.e.

, opening of abdominal the petitioner demanded Rs.15,000/- and said that she has been operated and the child is alive and if the amount is not paid, the blood will not be transfused on the daughter of the informant.

Patna High Court Cr.Misc. No.42234 of 2015 (2) dt.15-10-2015 2/2 bleeding profusely. The learned senior counsel for the petitioner submitted that the petitioner is highly qualified and it is not believable that a doctor after performing operation will demand amount and for nondeposit of the amount, he will not transfuse the blood. The learned senior counsel further submitted that in fact the blood of the mother was not matching with the blood group of the daughter of the informant, therefore, because of blood, she succumb to death. The learned counsel appearing on behalf of the informant objected and submitted that in fact because of negligent of the doctor, the daughter of the informant died. Perused the FIR.

Considering the nature of allegation and the fact that child was delivered though operation and during that period, the daughter of the informant succumb to death, I direct the petitioner, named above, to surrender before the Court concerned within one month from today and on his so surrendering, the Court below is directed to release him on bail on furnishing bail bond of Rs.5,000/- (Five Thousand only) with two sureties of the like amount each to the satisfaction of C.J.M., Jamui in connection with Jamui P.S. Case No.204 of 2015, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Mungeshwar Sahoo, J) Sanjeev/- U