Dr. Mukesh Kumar @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35331 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- TARAPUR District- Munger ====================================================== Dr. Mukesh Kumar @ Mukesh Kumar Son of Tarni Prasad Yadav R/O Village Baggha, P.S. -Shambhuganj, Distt.- Banka. At present R/O Vill.- Milku, P.S.- Tarapur, Dist.- Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 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 offence under Section 304 of the Indian Penal Code.
3. As per prosecution case, this petitioner administered injection to the mother of informant, as a result of which, mother of informant died.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner has attended a programme of community of Swasthay Jagrukta and was given a certificate by Secretary of Community of Health Nursing and on this account, he is called doctor by villagers. In fact, petitioner has not treated the deceased though he was called on mobile by the informant, but he did not go
Patna High Court CR. MISC. No.35331 of 2024(4) dt.02-09-2024 2/2 there, since he was out of village at that very time. Petitioner claims clean antecedent.
5. However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that petitioner is not a doctor and there is specific accusation in the F.I.R. that this petitioner, without having requisite qualification and experience, treated the mother of informant, who after taking injection, died.
6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T