Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39853 of 2021 Arising Out of PS. Case No.-382 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== SURAJ KUMAR S/o Satya Narayan Prasad R/o Village- Govindpur, P.S.- Sahpur (Bahoranpur), District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 304 and 34 of the Indian Penal Code.

As per the prosecution case, the wife of the informant was treated by one Dr. Ramesh Paswan and after giving birth to a girl child, she died. The allegation being one of medical negligence.

It is submitted by learned counsel for the petitioner that so far as the petitioner is concerned, he is an assistant to the doctor. There is no allegation to the effect that the doctor who treated the informant's wife did not have the requisite qualification. The petitioner is in custody since 25.1.2021 and

Patna High Court CR. MISC. No.39853 of 2021(2) dt.20-01-2022 2/2 has no criminal antecedent. Investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the materials on record and the petitioner having remained in custody since 25.1.2021 ie for about 1 year, the Court directs the petitioner to be enlarged on bail in connection with Bihiya P.S. Case no.382 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VII, Bhojpur at Ara.

(Partha Sarthy, J) Saurabh/- U T