Dr. Umeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51567 of 2021 Arising Out of PS. Case No.-391 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Dr. Umeshwar Prasad S/O Janki Prasad R/O Daudpur Kothi, Lane No. 2, P.SBrahampura, M.I.T. Muzaffarpur, District-Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Bipin Bihari, Advocate For the State :

Mrs.Nirmala Kumari, APP For the informant :

Mr.Kundan Rothore @ Kundan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 304 and 34 of the Indian Penal Code. Prosecution case, in short, is that the informant took his son, namely, Abhishek Kumar Makhariya at the clinic of petitioner, who was suffering from urinal problem. Petitioner did the surgery of informant's son but after surgery his son could not regain consciousness and was advised to take the

Patna High Court CR. MISC. No.51567 of 2021(2) dt.13-05-2022 2/3 patient to Sufia Nursing Home where just after reaching, his son was declared dead.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is a doctor. As per the allegation, the petitioner had performed the operation relating to some urine problem of the deceased. Subsequently in course of treatment the deceased is said to have succumbed to death. Hence the present F.I.R. has been instituted. Considering the allegations, no offence under Section 304 of I.P.C. is made out. At best, it can be a case for an offence under Section 304A of I.P.C. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in

Patna High Court CR. MISC. No.51567 of 2021(2) dt.13-05-2022 3/3 connection with Chakia P.S. case No.391 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T