Umesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44186 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== Umesh Kumar Son of Iswari Yadav R/O Village- Bhawanibigha, P.S.- Kashichak, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kashichak P.S. Case No. 28 of 2022 registered for the offence under Sections 304, 418, 419, 336 and 34 of the Indian Penal Code and Section 15(2)(D) of the All India Medical Council Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 22.05.2022.
The allegation against the petitioner is to commit culpable homicide not amounting to murder, alongwith other coaccused persons, and while committing so, surgical operation
Patna High Court CR. MISC. No.44186 of 2022(2) dt.25-11-2022 2/3 was conducted upon the wife of the informant, who was pregnant, causing her death.
Learned counsel appearing on behalf of the petitioner submitted that petitioner has been implicated in this case falsely for the reason that his wife, namely, Sulochana Devi was an Asha worker. It is submitted that as wife of the petitioner, being Asha worker, gave shelter to the pregnant wife of the informant during her medical emergency, while she was attended by doctor Surendra Prasad and assisted thereof, while performing surgery, name of the petitioner surfaced in this case, without having any basis. It is also submitted that co-accused, namely, Surendra Prasad, who was an authorized doctor and alleged to have conducted operation upon the wife of the informant, causing her death, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 44776 of 2022 dated 12.10.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
Patna High Court CR. MISC. No.44186 of 2022(2) dt.25-11-2022 3/3 In view of the facts and circumstances, as mentioned above, as the thrust of allegation to conduct unauthorized operation, upon the pregnant wife of the informant, is available against co-accused, namely, Surendra Prasad and not against this petitioner coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kashichak P.S. Case No. 28 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nawada/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Ankit/- U T