Guddu Kumar Singh @ Dr. Guddu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39772 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== GUDDU KUMAR SINGH @ DR. GUDDU KUMAR SINGH S/o- BRIJ MOHAN PRASAD village- Manikpur Ps- Harsiddhi Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Thakur For the Opposite Party/s :
Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard the parties.
2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No.212 of 2023, registered for the offence punishable under Sections 304, 34 of the Indian Penal Code.
3. Allegedly, the daughter of the informant died due to the negligence of the petitioner during the course of operation.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not a doctor, nor did he operated the victim. He further submits that the petitioner did not gave
Patna High Court CR. MISC. No.39772 of 2023(4) dt.07-11-2023 2/2 any medical treatment to the victim or her newly born baby boy. The petitioner neither prescribed any medicine to them. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is ample evidence against the petitioner in the case diary.
6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7. This application is, accordingly, dismissed.
8. However, the petitioner is at liberty to surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law. (Anjani Kumar Sharan, J) shikha/- U T