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Patna High CourtCR. APP (SJ)/1472/2019allowed

Jitendra Kumar @ Kunal @ Compounder Jitendra v. The State Of Bihar

2019-05-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1472 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jitendra Kumar @ Kunal @ Compounder Jitendra Son of late Surendra Singh Resident of Village - Pilapur, P.s.- Udawantnagar, Distt.- Bhojpur at Present Sheela Emergency Hospital Zero Mile, P.S.- Udawant Nagar, Distt.- Bhojpur. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mukesh Kumar No1, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Udawant Nagar P.S. Case No. 195 of 2018 (SC/ST Case No. 232/2018) registered under Section 304/34 of the Indian Penal Code and Section 3(i) (r) (s)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellant is that the appellant is innocent and has falsely been implicated in the present case with an ulterior motive. Further submission is that the appellant is a Compounder of the Hospital. He has not operated the wife of the informant. Having heard both sides and in the facts and

Patna High Court CR. APP (SJ) No.1472 of 2019 dt.21-05-2019 2/2 circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara in connection with Udawant Nagar P.S. Case No. 195 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date