Rohit Raj @ Rohit Singh @ Rohit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61662 of 2017 Arising Out of PS. Case No.-391 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== Rohit Raj @ Rohit Singh @ Rohit Rai S/o Sunil Kumar @ Sunil Singh, R/o House No.- 230, Jauhri Bazar Hajipur, P.S.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Tiwary For the State :

Mr. Dr. Rabindra Kumar APP For the Opp. Party :

Ms. Rashmi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Hajipur Town P.S. Case no. 391 of 2017 instituted for the offence under Section(s) 304 and 201/34 of the Indian Penal Code.

It is alleged in the written report that the mother of the informant felt pain in stomach and she was brought to the B.K. Hospital where this petitioner was organizer and after some test of the patient it was told that operation will be done by Dr. Yogesh Kumar, I.G.M.S.Patna since the patient has stone in her stomach. The informant was asked to deposit a sum of Rs. 50,000/-. The informant deposited a sum of Rs. 25,000/- as an advance and admitted his mother in the hospital where she was

Patna High Court Cr.Misc. No.61662 of 2017(3) dt.02-02-2018 2/3 taken to the operation theater and operation was done. The informant was not allowed by this petitioner, who was organizer of the hospital, to meet the mother. In the morning on 08.06.2017, the hospital allowed the informant to meet his mother. By that time, the condition of the mother of the informant was serious and she was unconscious and was not talking with any one. Thereafter, on the direction of this petitioner she was taken in Ambulance to Narayani Hospital by the staff of the aforesaid B.K.Hospital, Jauhari Bazar, Hazipur. The informant was asked to deposit a sum of Rs. 40,000/- there and the patient was admitted at the I.C.U. The informant was not allowed to meet his mother there also. It is alleged that on 10-11/06.

2017 in the night informant forcibly entered into the I.C.U. and saw that his mother has already died on which the informant raised hue and cry, as a result of which, the staff of Narayani Hospital disclosed to the informant that his mother had already died at Hajipur, New B.K. Hospital and patient was admitted in the hospital only with a view to realize illegal money in the name of treatment of his mother. Thereafter, the informant brought her dead body to New B.K. Hospital, Hajipur, Jauari Bazar but none of the staff was present there.

Patna High Court Cr.Misc. No.61662 of 2017(3) dt.02-02-2018 3/3 allegation attributed against the petitioner of having fleecing money from the patient by doing wrong treatment and also admitting the patient in the I.C.U. even after her death, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T