Dr. Arvind Yadav @ Arvind Yadav @ Arvind Kumar @ Dr. Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50204 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Dr. Arvind Yadav @ Arvind Yadav @ Arvind Kumar @ Dr. Arvind Kumar S/O Sidheshwar Yadav R/O Mohalla- Sangam Hospital, Rafiganj, Dak Bangla, P.S- Rafiganj, District- Aurangabad. At Present Village- Bhawanipur, P.S- Goh, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Rafiganj P.S. Case No. 16 of 2024, instituted under Sections 304/34 of the Indian Penal Code.
3. As per the prosecution case, wife of the informant, whose right leg was broken, was treated by the petitioner and in course of the operation she died due to big dose of anesthesia.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion only. Petitioner is an Assistant to the doctor. He has not done any operation as alleged. It is further submitted that the informant himself filed a petition before the
Patna High Court CR. MISC. No.50204 of 2024(2) dt.31-08-2024 2/2 Court below to the effect that the deceased was not treated by the petitioner. Treatment was done by the doctor. He has filed the case in the pressure of neighbours. Petitioner has one criminal antecedent in which he is on anticipatory bail. He undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Aurangabad in connection with Rafiganj P.S. Case No. 16 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T