Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47755 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Manoj Kumar Yadav Son of Late Suraj Yadav Village- Chakhani Chhatraul, P.S.- Bagaha, Dist. -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. R.S. Sahay, Adv.
Mr. Vijay Kr Singh No. 1, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bagaha P.S. Case No. 113 of 2024 registered under Sections 304 and 34 of the Indian Penal Code.
3. As per F.I.R., co-accused Dr. Praveen Kumar Tiwari along with this petitioner without having requisite medical apparatus and valid registration operated daughter-in-law of informant and due to serious latches in operation, her condition began deteriorating and when her condition became serious, she was ousted from hospital, and during the course of treatment at Motihari, daughter of informant died.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.47755 of 2024(3) dt.23-09-2024 2/2 submits that petitioner is innocent and has falsely been implicated in the present case. As a matter of fact, petitioner is not a doctor rather he was working as clinical staff in Suraj Hospital which is run by co-accused Dr. Praveen Kumar Tiwari. It is co-accused Dr. Praveen Kumar Tiwari who operated the daughter-in-law of informant and in the said operation, petitioner was only a helper. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 113 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T