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Patna High CourtCR. MISC./18783/2015bail granted

Pintu Singh @ Pintu Kumar Singh@Rakesh Kumar Singh v. The State Of Bihar

2015-06-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.18783 of 2015 (2) dt.16-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18783 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -BANIAPUR District- SARAN ======================================================

1. PINTU SINGH @ PINTU KUMAR SINGH@RAKESH KUMAR SINGH. Son of Rambabu Singh @ Sri Ramchandar Singh. Resident of village - Harapur Karah (Ibrahimpur), P.S.- Baniyapur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-06-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 269, 313 and 314/34 of the Indian Penal Code. The allegation is that the informant has brought his daughter to Vishwas Seva Sadan, Baniapur for her treatment. The Doctor has advised for DNC. During the course of DNC, the daughter of the informant died.

It is submitted that the petitioner is not at all related with the incident. He is said to be a Compounder of the Clinic. Similarly situated co-accused, Seema Devi, who was working as a Nurse, has already been granted bail by order dated 24.3.2015 of this Court passed in Cr. Misc. No.12171 of 2015. The case of the

Patna High Court Cr.Misc. No.18783 of 2015 (2) dt.16-06-2015 petitioner stands on the same footing.

On the other hand, learned counsel for the informant as well as learned A.P.P. vehemently oppose the prayer for bail of the petitioner and submit that the petitioner has got no qualification for Compounder. He is a tout, who brings the patient to the Clinic and due to negligence of the petitioner, the daughter of the informant died. There appears that during the course of DNC, the daughter of the informant died and the Doctor, who was during the course of D.N.C., is responsible for such negligence. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P.S. Case No.16 of 2015.

(Prabhat Kumar Jha, J) V.P.Sinha/- U