Rudal Mandal @ Ashok Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29536 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Rudal Mandal @ Ashok Kumar Mandal Son of Sri Arun Mandal @ Bhautari Mandal Resident of village - Raghunathpur, P.S.- Bhawanipur, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 147, 149, 188, 341, 323, 325, 333, 353, 307, 427, 379, 504 and 506 of the Indian Penal Code as well as Sections 3 and 4 of the Bihar Medical Service Institution and Person Protection Act, 2011.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that 11 named accused persons including the petitioner along with 70-80 unknown accused vandalized the Community Health Center, Bhawanipur. It is further submitted
Patna High Court CR. MISC. No.29536 of 2024(2) dt.21-06-2024 2/3 that one patient Anshu Kumari was admitted for delivery but her condition deteriorated on account of inaction of the Doctors and thereafter she was referred to GMCH, Purnea for better treatment. It is next submitted that the patient died but concealing the said fact, the dead body was referred to GMCH, Purnea and when the said fact came to the notice of the accused persons, they created ruckus. It is also submitted that since petitioner is related to Anshu Kumari, as such, he has been implicated in the instant case as he had taken her to the Community Health Center, Bhawanipur for her treatment. It is further submitted that petitioner filed the present anticipatory bail application on 10.04.
2024 and during pendency of the anticipatory bail application process under Section 82 Cr.P.C. came to be issued on 30.05.2024. It is next submitted that petitioner was not absconding rather was availing his remedies available in law and similarly situated co-accused Amit Kumar and Brajesh Kumar have been granted the privilege of anticipatory bail by order dated 05.04.2024 passed in Cr. Misc. No. 17948 of 2024.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.29536 of 2024(2) dt.21-06-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhawanipur P.S. Case No. 184 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T