Md. Salauddin @ Dr. Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48952 of 2015 Arising out of PS.Case No. -191 Year- 2011 Thana -LAURIYA District- WEST CHAMPARAN(BETTIAH) ====================================================== Md. Salauddin @ Dr. Salauddin, Son of Daud, resident of Village - Barwa Sheikh P.s. - Lauriya, District - West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarendra Nath Verma, Advocate. For the Opposite Party : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Lauriya P.S. Case No. 191 of 2011 for the offences instituted under Sections 307/34 of the IPC. Later on, Sections 304/34 of the IPC were also added.

The prosecution story, in brief, is that the informant was going to Bettiah for the treatment of his wife but due to problem of vehicle he has to stay at Lauriya where the middle man of the petitioner and others who are quake practitioners intercepted him and in the meantime the petitioner came there and forcibly took away them at the their clinic and operated the wife of the

Patna High Court Cr.Misc. No.48952 of 2015 (3) dt.04-02-2016 2/2 informant. Due to which her condition became serious and after operation they absconded.

It has been submitted on behalf of the petitioner that earlier the case was instituted for the offence under Sections 307/34 of the IPC. Later on, Section 304/34 of the IPC were also added. The deceased was operated by one Dr. Kamilo and subsequently later on she died. Petitioner happens to be the compounder of the said Dr. Kamilo. He did not have any role to play, hence he can not be made accused in the present case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Lauriya P.S. Case No. 191/2011 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T