Dr. Tripti Kumari @ Tripti Singh @ Dr. Tripti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4686 of 2018 Arising Out of PS. Case No.-561 Year-2017 Thana- BAGHA District- West Champaran ====================================================== Dr. Tripti Kumari @ Tripti Singh @ Dr. Tripti Singh, W/o Dr. Rajeev Singh @ Rajeeb Kumar, R/o Vill.- Madhubani Ghat, P.S.- Muffasil Motihari, District- East Champaran.

... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Vibhakar Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 30.8.2018 passed by Additional Sessions Judge-I-cum-Special Judge, West Champaran, in ABP No. 1414 of 2018 by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Bagha P.S.Case No. 561 of 2017 registered under Sections 420, 467, 468, 471, 304/34 of the Indian Penal Code, Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant, who is a Medical Practitioner, is that informant admitted his daughter for delivery in her clinic and by wrong treatment, condition of his daughter was deteriorating and thereafter appellant and others boarded her in a tempo for better treatment in Sub-Divisional Hospital where it was informed that his daughter has died.

Patna High Court CR. APP (SJ) No.4686 of 2018 dt.24-01-2019 2/2 was referred to Sub-Divisional Hospital where she died and the present false and concocted case has been filed for extracting money from her. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, West Champaran at Bettiah, in connection with Bagha P.S.Case No. 561 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 30.8.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date