Dr. Prashant Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45302 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dr. Prashant Kumar Sinha, S/o Bameshwar Prasad Sinha, Resident of B39, Asha Kunj, Khajpura, P.S. - Hawai Adda, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the State :
Mr. Satyendra Narayan Singh, APP For the Opposite Party No. 2 :
Mr. Bipin Kumar, Advocate Ms. Vanshika Nupur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 443 of 2023 registered for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code.
3. As per prosecution case, the daughter of the informant was found hanging from the fan and was dead. Thereafter, the informant alleged that his daughter was murdered by the petitioner or if it is suicide then it must have been due to mental torture and instigation by the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. He submits that the date of
Patna High Court CR. MISC. No.45302 of 2024(2) dt.24-07-2024 2/3 occurrence is 08.05.2022 and the present FIR has been lodged on 15.07.2023 i.e. after lapse of 1 year and 2 months without any plausible explanation. The suicide committed by the deceased, father of the deceased informed the police and when the police reached at the place of occurrence the father of the deceased has given the written statement before the police on 09.05.2022 stating therein that his daughter has committed suicide and no any family member is responsible for the same. The informant who is the mother of the deceased was also present there and has put her signature on the written statement dated 09.05.2022. Learned counsel for the petitioner further submits that the police after investigation filed final report. However, on protest, the Court has taken cognizance agianst the petitioner under Section 498 (A) and 306 of the IPC. Petitioner has one criminal antecedent in which he is on bail. Lastly he has submitted that petitioner is a registered doctor and undertakes to cooperate in the trial.
5. Learned counsel for the informant as well as learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the
Patna High Court CR. MISC. No.45302 of 2024(2) dt.24-07-2024 3/3 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sheikhpura P.S. Case No. 443 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T