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Patna High CourtCR. MISC./53348/2021partly allowed disposal

Guddu Kumar v. The State Of Bihar

2022-02-18Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53348 of 2021 Arising Out of PS. Case No.-389 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

GUDDU KUMAR Son of Suresh Mandal Resident of Village- Dhanbarjan, P.S.- Katoriya, District- Banka.

2.

Sindhu Devi Wife of Sunil Kr. Yadav Resident of Village- Bandhudih, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 18-02-2022 Heard both the parties through through Video Conferencing.

The petitioners seek bail in anticipation of his arrest in connection with Banka P.S. Case No. 389 of 2021, instituted for the offences under Sections 304, 420, 201/34 of the Indian Penal Code and Section 16 of Bihar Establishment & Control & Registration Act, 2007.

Learned counsel for the petitioners submits that petitioner No.1 has been arrested.

In view thereof, this bail petition is dismissed as against petitioner No.1.

So far as petitioner No.2 is concerned, learned counsel

Patna High Court CR. MISC. No.53348 of 2021(2) dt.18-02-2022 2/2 submits that she is a lady, the case alleged under Section 304 Cr.P.C. and the petitioner No. 2 is a nurse and during delivery, the mother expired.

Taking into consideration the aforesaid circumstances, I am inclined to grant benefit of anticipatory bail to the petitioner No.2 and in the event of arrest, she shall be released on bail subject the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) sanjeev/- U T