Dr. Subhash Pandit @ Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3078 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Dr. Subhash Pandit @ Subhash Kumar, son of Kameshwar Pandit, resident of village-Kharka, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Nandan Prasad, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-01-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Karpi P.S. Case No.172 of 2016 instituted for the offence under Section(s) 304 Indian Penal Code.
It is alleged in the written report that Informant got his father admitted in the hospital of the petitioner for operation of scrotum. When his condition deteriorated then this petitioner referred him to the clinic of Dr. Vijay Pratap, but he did not admit him and referred to Swastik Hospital, Patna, where the doctor declared him dead.
It has been submitted that the Informant himself has filed Compromise Petition before the Chief Judicial Magistrate, Arwal, (Annexure-2), wherein, he has stated that on account of
Patna High Court Cr.Misc. No.3078 of 2017 (2) dt.28-01-2017 2/2 misunderstanding he has filed the instant case. From the written report, it appears that the petitioner had treated him and when his condition deteriorated he referred him to higher class for better treatment.
In the circumstances, prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Karpi P.S. Case No.172 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T