Surendra Kumar @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47972 of 2016 Arising Out of PS.Case No. -115 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Surendra Kumar @ Surendra Yadav, Son of Ram Vishun Yadav, Resident of village - Orani, P.S. Karpi, District - Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 09-02-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Karpi P.S. Case No.115 of 2014 registered under Sections 304/34 of the Indian Penal Code.

The accusation of the informant is that on 10.06.2014 at about 10.15 P.M., he got admitted his pregnant daughter with the help of Asha Karyakarta Prabha Devi at Primary Health Centre, Karpi. On the next day (11.06.2014), Asha Karyakarta, doctor and nurse of Primary Health Centre, Karpi, got admitted

Patna High Court Cr.Misc. No.47972 of 2016 (4) dt.09-02-2017 2/3 the daughter of the informant at Patna Nursing Home, where Dr. Sunil Kumar and this petitioner, after providing some treatment to her, asked the informant to deposit Rs.30,000/- for operation. At that time, the informant deposited Rs.20,000/- for operation of his daughter and a caesarean baby born but the condition of the daughter of the informant became serious. The daughter of the informant was rushed to Jehanabad but she died on the way. Learned counsel appearing on behalf of the petitioner submits that it would appears from the F.I.R. that only the name of the petitioner is mentioned therein without parentage and address.

In course of investigation, on mere suspicion, the petitioner, who is an agriculturist, has been apprehended by the police and remanded in the present case. The petitioner is in custody since 22.08.2016. Moreover, on investigation, the police has submitted chargesheet dated 12.10.2016 against the petitioner in this case for the offence under Sections 304-A and 419 of the Indian Penal Code, which are bailable in nature.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Karpi P.S.

Patna High Court Cr.Misc. No.47972 of 2016 (4) dt.09-02-2017 3/3 Case No.115 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T