Dr. Nausad @ Nausad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11859 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dr. Nausad @ Nausad, Son of Safi Ahmad, resident of Village- Duho Suho, Fatuha, P.S. Chhauradano, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-04-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chhauradano P.S. Case No. 128 of 2016, registered under Sections 304/34 of the Indian Penal Code, pending in the court of the SDJM, Raxaul, East Champaran, Motihari.

The accusation is that in the evening of 05.11.2016, informant's wife along with her ailing daughter Anjali Kumari came at the clinic of petitioner, where medicine was injected by the petitioner, then the condition of daughter of the informant become serious and thereafter, she was rushed to Rahmaniya Hospital, Motihari at the vehicle of the petitioner, where the daughter of the informant was declared dead.

Patna High Court Cr.Misc. No.11859 of 2017 (2) dt.04-04-2017 2/2 Learned counsel for the petitioner submits that it would appear from the F.I.R. that the case will not come under the purview of Section 304 I.P.C. rather the case is made out under Section 304(A) of I.P.C.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T