Anju Kumari @ Anju Sinha Asha Worker v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49317 of 2018 Arising Out of PS.Case No. -259 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Anju Kumari @ Anju Sinha (asha Worker) Wife of late Mahendra Prasad Singh@ Mahendra Prasad Sinha Resident of Village Kachnama/Kachanma, P.S. Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Makhdumpur P.S.Case No.259 of 2017 , registered for offences punishable under Sections 304, 201/34 of the Indian Penal Code. Allegation against the petitioner is that the daughter of the informant was in pregnancy and the petitioner advised the informant to get her treated at Ashirwad Sewa Sadan Hospital and it is alleged that her pregnancy was miscarriaged. Submission of the learned counsel for the petitioner is that the patient was treated by Dr. Asbhishek Kumar of Ashirwad Sewa Sadan Hospital and the petitioner has only advised to take the patient in the hospital and except that there is nothing against him and Dr. Abhishek Kumar has been granted privilege of the

Patna High Court Cr.Misc. No.49317 of 2018 (3) dt.28-08-2018 2/2 anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 13.2.2018 passed in Cr. Misc. No.63678 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad in connection with Makhdumpur P.S.Case No.259 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T