Dr. Puspa Jha @ Pushpa Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53150 of 2015 Arising Out of PS.Case No. -375 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Dr. Puspa Jha @ Pushpa Jha W/o Dr. Binod Jha@Binod kumar Jha

2. Dr. Binod Jha@Binod kumar Jha S/o late Abodh Jha Both are resident of Mohalla- Goshala Road, Madhubani, P.s Madhubani, District Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 467, 468, 471, 420 and 304/34 of the Indian Penal Code.

Allegation against the petitioners is that due to their negligence wife of the informant has died. Subsequently, it came to the knowledge of the informant that having forged medical degree they are running the clinic.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. By profession they are doctors. In course of delivery of the wife of the informant, she is said to have died and the child was saved. There is no act of negligence committed on the part of the petitioners. Petitioners have been made accused due to mistake of fact. It is further submitted that petitioners are jointly ready to deposit an amount of Rs.50,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State and the informant, it is submitted

Patna High Court Cr.Misc. No.53150 of 2015 (3) dt.13-01-2016 2 / 2 that petitioners are named in the F.I.R. and due to the act of negligence wife of the informant has died.

Considering the aforesaid facts and circumstances, it is directed that petitioners shall jointly deposit an amount of Rs.50,000/- in the court below which shall be subject to the final disposal of the case.

Let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case no. 375 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T