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Patna High CourtCR. MISC./51148/2015bail granted

Narendra Narayan Giri @ Dr. N.M. Giri @ Dr. N.N. Giri v. The State Of Bihar

2015-11-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51148 of 2015 Arising Out of PS.Case No. -199 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Narendra Narayan Giri @ Dr. N.m. Giri @ Dr. N.n. Giri .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Veena Rani Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

The prosecution case is that the informant got the surgery of her husband made for appendix problem but the condition of the husband of the informant got deteriorated and ultimately after 21 days of treatment he died. It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that the petitioner treated or operated the informant's husband. The petitioner is not the doctor, he is simply the owner of the nursing home and there is nothing on record to suggest that the informant's husband was treated in the said nursing home and even assuming the accusation, at best the

Patna High Court Cr.Misc. No.51148 of 2015 (2) dt.09-11-2015 2/2 case is made out under Section 304A of the IPC. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No. 199 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T