Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7619 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -DERNI District- SARAN ======================================================

1. Satish Kumar S/o Kapil Singh, Resident of Village - Thara Ahara, P.S. - Maker District - Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kumari For the Opposite Party/s : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Derni Police Station Case No. 87 of 2015, disclosing offences under Section 304 of the Indian Penal Code.

From the First Information Report and the materials on record, it transpires that despite the fact that the petitioner does not have any expertise in the field of medicine or surgery, he treated the father of the informant, who, finally, died.

Learned Counsel for the petitioner, while denying the allegation made in the First Information Report, submits that the petitioner had no criminal intend

Patna High Court Cr.Misc. No.7619 of 2016 (2) dt.28-03-2016 2/2 to cause death of the deceased. He further submits that if given privilege of anticipatory bail, there is no likelihood that the petitioner shall tamper with the evidence of fleeing from the course of justice.

Considering the facts and circumstances, this application is allowed.

Let the petitioner, Satish Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Derni Police Station Case No. 87 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √