Uday Paswan @ Dr. Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5702 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -FESHAR District- AURANGABAD ====================================================== Uday Paswan @ Dr. Uday Paswan, son of Nanhak Lal Paswan, resident of village-Unthoo, P.S.-Fesar, District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-02-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 25.12.2014 for the offence punishable under Section 304 of the Indian Penal Code. The allegation against the petitioner is that he operated uterus of the wife of the informant, who died due to negligence of the petitioner.

It is submitted that the petitioner is a first aid volunteer of Indian Red Cross Society and he has not done any operation to the informant's wife. It is further submitted that the informant came to know later on that the petitioner has not operated the wife of the informant. As such, he has filed compromise petition vide Annexure-3. The post mortem examination report shows that the deceased died due to septiceamia. The petitioner has no criminal

Patna High Court Cr.Misc. No.5702 of 2015 (2) dt.12-02-2015 2/2 antecedent.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Aurangabad in Fesar P.S. Case No.43 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T