Bhola Khan @ Md. Parvez Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40290 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- KALER District- Jehanabad ====================================================== 1.

Bhola Khan @ Md. Parvez Ahmad Son Of Md. Salauddin Resident Of Village - Pura Kothi, P.S.- Kaler, District - Arwal. 2.

Dularchand Das Son Of Rajdeo Ram Resident Of Village - Kaler, P.S.- Kaler, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304/34 of the Indian Penal Code.

Allegedly, it is a case of death of the wife of the informant during treatment due to grave negligence committed by the doctor and the petitioners who are allegedly to be conveners.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no specific material against the

Patna High Court CR. MISC. No.40290 of 2022(2) dt.06-12-2022 2/2 petitioners in committing the culpable homicide and the allegation of administering injection to the deceased is against other co-accused who alleged to be a doctor. He further submits that the informant gave a petition in respect of the petitioners that the petitioners have no role in the present case and in this connection, a petition has been filed by the informant before the concerned court which is Annexure-3 to the petition. Petitioners have got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kaler P.S. Case No. 31 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T