Anand Kumar @ Dr. A. Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39259 of 2024 Arising Out of PS. Case No.-459 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Anand Kumar @ Dr. A. Kumar Son Of Binda Prasad Resident Of Village - Chaugethiya, P.S. - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Basantpur (Lakdi Nabiganj) P.S. Case No. 459 of 2023 registered under Section 304 of the Indian Penal Code.
3. As per prosecution case, allegation against this petitioner that due to wrong treatment provided by this petitioner to the wife of informant, she died.
4. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is no chit of paper available on record to show that this petitioner conducted the operation of informant's wife. Further submission is that the First Information Report has been lodged after a delay of 17 days without any plausible
Patna High Court CR. MISC. No.39259 of 2024(3) dt.13-08-2024 2/2 explanation. Petitioner has got no criminal antecedent.
5. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer for bail by contending that petitioner without having requisite qualification operated the wife of informant, as a result of which, she died.
6. Having considered the fact that petitioner operated informant's wife without having requisite qualification resulting in her death, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) utkarsh/- U T