Mahendra Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1879 of 2017 Arising Out of PS. Case No.-54 Year-2016 Thana- ROH District- Nawada ====================================================== 1.

Mahendra Sharma, Son of Bideshi Sharma 2.

Avinash Kumar, Son of Mahendra Sharma Both Resident of Village + P.S.- Roh, District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-09-2017 The Investigating Officer is present in person. Heard parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

It is contended that, as per allegation, due to some negligence on the part of the doctor in surgery conducted upon the father of the informant, he died. The postmortem examination report shows that the deceased died due to cardio vascular failure.

Having regard to the facts and circumstances of the case, let the petitioners, above-named, be released on bail in the event of arrest/surrender before the court below within a period

Patna High Court Cr.Misc. No.1879 of 2017(14) dt.21-09-2017 2/2 of six weeks from today in connection with Roh P.S. Case No.54/2016, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. However, the petitioners would cooperate in the investigation as the investigation has not been completed as yet. The Investigating Officer is directed to continue and complete the investigation expeditiously.

If the petitioners after their release do not cooperate in the investigation then the court below would be at liberty to take steps for cancellation of their bail bonds.

The personal appearance of the Investigating Officer is dispensed with.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T