Ajay Kumar @ Dr. Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45233 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AJAY KUMAR @ DR. AJAY KUMAR Son of Awadh Tanti Resident of Village - Basdeopur Chandpura, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, A.P.P.

For the Informant :

Mr. Shubhesh Pandey, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Begusarai Muffasil P.S. Case No. 195 of 2019, registered for the offences punishable under Section 304 of the Indian Penal Code.

As per F.I.R. there is allegation against the petitioner that he is running a medical shop and he has given injection to the grand-daughter of the informant due to which her condition deteriorated and thereafter she was taken to some other doctor but she was declared dead.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and no injection had given by this petitioner.

On the other hand, learned A.P.P and learned counsel

Patna High Court CR. MISC. No.45233 of 2019(3) dt.21-10-2019 2/2 appearing on behalf of the informant has opposed the prayer of bail on the ground that witnesses have supported the allegation and due to that grand-daughter of the informant died. Postmortem report is not available with the case diary. Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available in the case diary as well as finding of the postmortem report without being prejudice by dismissal of this order by this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T