Priyanka @ Dr. Priyanka And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32041 of 2017 Arising Out of PS.Case No. -106 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================
1. Priyanka @ Dr. Priyanka wife of Mukesh Kumar, resident of villageHakam, P.S. Mahadeva, Distt. Siwan.
2. Madhu @ Madhu Devi, wife of Munna Sah, @ Munna Prasad, resident of village+Post-Bangra, P.S. Thawe, Distt. Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the State.
Petitioners are apprehending their arrest in Siwan P.S. Case no. 106 of 2015 for the offences registered under Sections 304/34 of the Indian Penal Code.
Petitioner no. 1 is a doctor and petitioner no. 2 is helper of petitioner no. 1. At first, the deceased was admitted in the nursing home of petitioner no. 1, where she gave birth of a male child. But thereafter her condition deteriorated and she was referred to Patna for proper treatment. In Patna, she was admitted in Ford Hospital, but on account of complication she died on 17.02.2015 and thereafter, the complaint case was filed on 24.02.2015. The Chief Judicial Magistrate, Siwan, transferred the
Patna High Court Cr.Misc. No.32041 of 2017 (2) dt.13-07-2017 2/2 case under Section 156(3) of the Code of Criminal Procedure on which FIR was lodged. After investigation police submitted final form in which police did not find any material against the petitioners. However, learned court below has taken cognizance of the offence on the basis of materials available on record. Considering the facts and circumstances of the present case, let petitioners, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in Siwan Town P.S. Case no. 106 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J) sudip/- U T