Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51346 of 2021 Arising Out of PS. Case No.-1302 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== SANJAY KUMAR S/O Ravindra Singh @ Ravindra Prasad Singh Resident of Village- Jafarabad, P.S. - Desari, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amod Sahni S/O Jaymangal Sahni R/O Village- Chainpur Nanhkar, P.S. - Desari (O.P. Chandpur), District - Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304 (II) of the Indian Penal Code.

The allegation against the petitioner is that he along with co-accused persuaded the complainant to get his wife admitted in Masika clinic for delivery where due to negligence and wrong treatment of complainant's wife by petitioner and coaccused she died. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.51346 of 2021(3) dt.10-08-2022 2/2 further submits that petitioner is only owner of the building in which alleged Masika clinic is running which shows as Annexure-2 to this petition. He further submits that he has no concern with the operation or treatment of the deceased and petitioner is not the doctor.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of Ms. Anjali Nag, Judicial Magistrate, Ist Class, Vaishali at Hajipur/concerned Court in connection with Complaint Case No. 1302 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T