Sanjay Kumar @ Sangam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51434 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== SANJAY KUMAR @ SANGAM KUMAR S/o SRI BIGAN SAO R/o VILLAGE-CHILOR, P.S-GURUA, DISTRICT-GAYA, AS PER FIRST INFORMATION REPORT RESIDING AT VILLAGE BHANGIYA BAZAR, P.S-DUMARIYA, DISTRICT-GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304 of the Indian Penal Code.

As per the prosecution case, the sister of the informant was taken by the petitioner to operate on her, however, the informant's sister died in the hospital.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegation that the petitioner operated on the sister of the informant is false and incorrect. Contrary to the allegation no hoarding and signboard was found suggesting that the petitioner was running a clinic. Investigation in the case is complete and

Patna High Court CR. MISC. No.51434 of 2021(6) dt.28-04-2022 2/2 the petitioner is in custody since 1.3.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, it transpires that the sister of the informant was operated upon by the petitioner who posed himself to be a doctor and further the same is also confirmed from the contents of the postmortem report wherein a surgical mark has been found. In the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Spd/- U T