Pramesh Kumar @ Dr. Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30864 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Pramesh Kumar @ Dr. Pravesh Kumar SON OF MARKANDEY YADAV RESIDENT OF VILLAGE- KHARASARA, PS- DURGAWATI, DISTKAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Sri Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2024

1. Heard Sri Yogesh Chandra Verma learned Senior Counsel for the petitioner and Sri Chandra Bhushan Prasad learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code and Section 40 of the Clinical Establishment Registration and Regulation Act, 2010.

3. Learned Senior Counsel for the petitioner submits petitioner had earlier moved before this Court seeking anticipatory bail by filing Cr. Misc. No. 8998 of 2024 but the same was permitted to be withdrawn by an order dated 05.03.2024 (Annexure-3 to the regular bail petition). Learned Senior Counsel further submits that petitioner has antecedent of one case as has been pleaded in the supplementary affidavit but then the said case is also connected to the present case. Learned Senior Counsel next submits that petitioner is

Patna High Court CR. MISC. No.30864 of 2024(3) dt.13-09-2024 2/2 in custody since 11.03.2024 and the present FIR came to be instituted at the instance of the informant with an allegation that on recommendation of one Asha Worker, he took his pregnant wife to City Hospital, Ramgarh where the accused persons including the petitioner were present and they operated his wife who subsequently died. Learned Senior Counsel also submits that petitioner is not a Doctor, rather is Director of City Hospital, Ramgarh and the operation was conducted by one Doctor J.P. Yadav.

4. Learned Senior Counsel for the petitioner further submits that charge-sheet has already been submitted as such no useful purpose would be served by sending the petitioner to jail.

5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned Senior Counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Ramgarh P.S. Case No. 353 of 2023.

(Satyavrat Verma, J) Kundan/- U T