Dr. Santosh Kumar Singh @ Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40739 of 2020 Arising Out of PS. Case No.-136 Year-2020 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Dr. Santosh Kumar Singh @ Santosh Kumar @ Santosh Kumar Singh aged about 45 years Son Of Gauri Shankar Prasad Singh Resident Of Village - Vishunpur Basudeo, P.S.- Runnisaidpur, Distt.- Sitamarhi ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under section 304 of the Indian Penal Code.

As per the prosecution case, 7 years old daughter of the informant was suffering from stomach disorder/loose motion and this petitioner, being a doctor while treating her, gave injection resulting into her death within five minutes. Learned counsel for the petitioner submits that there was no willful or deliberate intention of the petitioner to cause death of the victim and he gave her injection to cure her from the stomach disorder but unfortunately her health deteriorated and she died.Chargesheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition.

Patna High Court CR. MISC. No.40739 of 2020(2) dt.24-02-2021 2/2 Petitioner is in custody since 12.9.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of I/C Additional Chief Judicial Magistrate, Sheohar in Tariyai Police Station Case No. 136 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T