Bipin Kumar @ Sri Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62886 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Bipin Kumar @ Sri Bipin Yadav S/o Late Pannalal Yadav, R/o VillageChukti, P.S.- Mansi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2018 Heard the counsel for the petitioner and counsel for the State.

Petitioner seeks anticipatory bail in Khagaria P.S. Case No.155 of 2017 instituted for the offences under Sections 504, 427, 385/34 of the I.P.C. and Section 4 of Bihar Medical Service Institution and Person Protection Act, 2011.

Informant is a medical practitioner who in his written complaint has alleged that on 05.03.2017 the petitioner had come with his mother for treatment and seeing her serious condition he was asked to go to Sadar Hospital but he insisted upon him for treatment and after administering medicine discharged his mother and on 06.03.2017 when accused again brought his mother, the informant advised the accused to take her to Sadar Hospital but he

Patna High Court Cr.Misc. No.62886 of 2017 (3) dt.19-02-2018 2/2 insisted the informant and during treatment she died. Thereafter the petitioner along with 5 - 6 unknown persons came and abused the informant and his compounder and broke glass of car. The petitioner lodged a criminal case bearing Khagaria P.S. Case No.145 of 2017 under Section 304(A) of the I.P.C. It has been submitted by the counsel for the petitioner that this case is a counter blast case and has been filed with allegation of ill behaviour and assault and no injury has been found on the person of the informant or his associate. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Khagaria, in Khagaria P.S.Case No.155 of 2017 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) AnilKrSinha/- U