Dr. Rajeev Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42291 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Dr. Rajeev Kumar Chaudhary, Son of Shri Shashi Kant Chaudhary Resident of Ward no.- 29 Bagha, Baghi, P.S. - Town Thana, District - Begusarai, Bihar851218 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Bihari, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogari P.S. Case no. 187 of 2018, registered under Section 304/34 of the Indian Penal Code.

The accusation is that on 29.05.2018, informant Giri Shankar Sharma, Chowkidar, reached at Bhagwan High School Chowk then saw crowd of some people in front of Disha Netralya Chikitsalya, where he saw a girl was lying dead in the said Chikitsalya and family members of the deceased were weeping and stating that the deceased died due to negligence on the part of the Doctor, Compounder and other staff.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.42291 of 2019(2) dt.09-07-2019 2/2 petitioner submits that, admittedly, the petitioner is the Ophthalmic surgeon and he used to treat only those patients, who suffer from eye related ailments and he used to give service at Disha Netralya only on Sunday and on the date of occurrence, he was not there as he has no concern with the treatment of other ailments, but being the visiting Doctor at Disha Netralya, he has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No. 187 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T