Mostt Bano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55701 of 2021 Arising Out of PS. Case No.-389 Year-2021 Thana- BANKA District- Banka ====================================================== MOSTT BANO DEVI W/o Late Kishori Raut Residento of Villege - Bhelay, P.s.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304, 420, 201/34 of the Indian Penal Code.

The case relates to medical negligence in which the daughter of the informant is said to have been victimized. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the petitioner happens to be Nurse and she has not committed any offence in the nature of medical negligence rather the victim has been operated by the Dr.

Patna High Court CR. MISC. No.55701 of 2021(3) dt.06-04-2022 2/3 Sulochana Singh. He further submits that the petitioner has not been name in the F.I.R. but due to suspicion, she has been made accused in this case. The petitioner, who is a lady, is rotting in judicial custody since 29.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Banka P.S. Case No. 389 of 2021 with 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 canceled 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.

Patna High Court CR. MISC. No.55701 of 2021(3) dt.06-04-2022 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T