Patna High CourtCR. MISC./53184/2019bail granted

Karu Kumar v. The State Of Bihar

2019-08-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53184 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- ATRI District- Gaya ====================================================== Karu Kumar Son of Babuchand Prasad @ Babu Chand Yadav Resident of Village - Chandaila, P.S.- Nardiganj, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

The petitioner apprehends his arrest in Atri P.S. Case No.36 of 2019 registered under Sections 304 and 34 of the Indian Penal Code.

The gist of the allegation is that the petitioner being the driver of the ambulance demanded Rs.500/- and on account of non-payment of Rs.500/-, the petitioner did not transport the patient to the hospital. The informant alleged that he got the patient Baby Devi admitted to P.H.C., Atri from where she was referred to Gaya Medical College and Hospital. During course of treatment, the patient gave birth to a dead child. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case due to misunderstanding and no such occurrence ever took place.

Patna High Court CR. MISC. No.53184 of 2019(2) dt.26-08-2019 2/2 It appears that the only allegation against the petitioner is that the petitioner did not transport the patient from her residence to the hospital on account of non-payment of fare and no other act is attributed to the petitioner. Having considered the facts and the nature of allegation made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 learned A.C.J.M. 13, Gaya in connection with Atri P.S. Case No.36 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T