Santosh Kumar Singh @ S. K. Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14374 of 2017 Arising Out of PS.Case No. -1239 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Santosh Kumar Singh @ S. K. Nirala, S/o Sri Dipty Singh, resident of Village - Pathakwalia, P.S. Ramgarh, District - Kaimur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party : Mr. Madhura Nand Jha (APP-102) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sasaram (Model) P.S. Case No. 1293 of 2014, registered for the offences punishable under Sections 302, 468, 120 of the Indian Penal Code.

Allegedly, the wife of the complainant/informant was pregnant and under criminal conspiracy and at the advice of Naihar people of the wife of the informant she was got admitted in Sasaram Hospital and Trauma Centre, Patel Nursing Home, where the wife of the informant was operated by fake doctor, resulting, her death.

Patna High Court Cr.Misc. No.14374 of 2017 (2) dt.17-05-2017 2/3 Submission is of false implication and that this case has been lodged after much delay on 21.11.2014 though the death was caused on 28.09.2014. The father of the deceased has lodged Sasaram (Model) P.S. Case No. 916 of 2014 on 28.09.2014 itself and after getting knowledge of the said case filed on 21.11.2014, giving rise to this case. It is not believable that the father, mother and other family members of the deceased will act negligently and will get operated the deceased by fake doctor.

The entire allegations are concocted and brain waive of the litigant's brain, the petitioner being director of that hospital has been made accused, the petitioner has got no criminal antecedent and he has unnecessarily been implicated in this false case and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that father of the deceased has lodged a case earlier in Sasaram (Model) P.S. Case No. 916 of 2014 on 28.09.2014 itself and thereafter this case has been lodged on 21.11.2014 after much delay.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.14374 of 2017 (2) dt.17-05-2017 3/3 satisfaction of learned C.J.M., Sasaram, in connection with Sasaram (Model) P.S. Case No. 1293 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T