Patna High CourtCR. MISC./67022/2024bail granted

Anjani Kumar Singh v. The State Of Bihar

2024-11-22Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67022 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- DEV District- Aurangabad ====================================================== Anjani Kumar Singh S/o Late Kedar Singh R/o Village- Akuna, PS- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-11-2024

1. Heard learned Senior Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Dev Police Station Case No. 103 of 2024, dated 28.04.2024, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 28.04.2024 at about 05:00 A.M. the informant took his pregnant wife, Kiran Kumari, to Magadh Clinic at Bahuara More, Aurangabad and at the clinic, coaccused Dr. Santlesh Kumar and the petitioner, along with other co-staffs treated, his wife and due to wrong

Patna High Court CR. MISC. No.67022 of 2024(3) dt.22-11-2024 2/3 treatment, the condition of the informant's wife started deteriorating and seeing the deteriorating condition, the petitioner, along with other so-called doctors, fled away from there leaving the patient. The wife of the informant died due to wrong treatment by unqualified doctor.

4. Learned Senior Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of the fact that treatment was done by Dr. Santlesh Kumar and other lady doctors, in which the petitioner was acting as a compounder. Referring to the post mortem examination report, learned Senior Counsel submits that the deceased died due to rupture of uterus as she was pregnant and due to that reason, the deceased was brought for medical help after much delay. The petitioner has no concern being the compounder with the alleged treatment given to the informant's wife. He further submits that the petitioner is in custody since26.06.2024 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

5. Having heard learned Counsel for the parties and taking

Patna High Court CR. MISC. No.67022 of 2024(3) dt.22-11-2024 3/3 into consideration the fact that the petitioner is in custody since 26.06.2024, the petitioner was a compounder in the hospital and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

6. This application is allowed.

7. Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Dev Police Station Case No. 103 of 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √