Badruddin Ansari @ Badaruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59997 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Badruddin Ansari @ Badaruddin Ansari son of Late Dos Mohammad Ansari Village- Ansari Tola, Ward No. 3, P.S-. Bagaha Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

3.

As per prosecution case, on 11.03.2024, informant's pregnant daughter-in-law was admitted to Suraj Hospital after being referred by the doctor of Sub-Divisional Hospital, Bagaha. It is alleged that after payment of Rs. 35,000/- she was operated by Dr. Praveek Kumar Tiwari and Dr. Manoj Kumar Yadav and a child was born but later on, as her condition worsened, she was ousted from the hospital and died during treatment in the hospital at Motihari.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that it was co-

Patna High Court CR. MISC. No.59997 of 2024(3) dt.10-01-2025 2/2 accused Dr. Praveek Kumar Tiwari and Dr. Manoj Kumar Yadav who operated upon the deceased and ousted her. Petitioner has been made accused in this case merely because he happens to be owner of the building in which the alleged hospital is running.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Bagaha P. S. Case No. 113 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T