Patna High CourtCR. MISC./50144/2016bail granted

Dr. Sudhir Kumar v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50144 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Dr. Sudhir Kumar Son of Sarju Prasad, Resident of at Posted as Medical Officer Primary Health Centre, Ujiyarpur, P.S. Ujiyarpur, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiv Ranjan, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant had admitted his niece to Ujiyarpur Government Hospital for family planning operation, which was done by the doctor. Thereafter her condition was deteriorated and lastly she died due to operation held in the Hospital.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is a doctor employed in a Government Hospital. The

Patna High Court Cr.Misc. No.50144 of 2016 (2) dt.23-11-2016 2/2 cause of death of the deceased is said to be due to septicemia after a period of one month 14 days. The death is due to secondary haemorrhage and not because of the primary haemorrhage. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai (Samastipur) in connection with Ujiarpur P.S. case No.54 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T