Intekhab Shekh @ Intekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63718 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- MAINATAND District- West Champaran ====================================================== Intekhab Shekh @ Intekhar Alam, Son of Sheikh Ishtkhar @ Iftekhar Ahamad, Resident of Telpur Devraj, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 120(B) and 304 of the Indian Penal Code.

As per prosecution case, wife of informant's brother, being pregnant, was taken to a government hospital for delivery from where one Shree Mati Devi persuaded and took her to a private hospital owned by this petitioner, where all the accused persons including the petitioner operated the abdomen of the lady as a result of which she died. Thereafter, they took the body of the deceased to the informant's house.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.63718 of 2022(2) dt.17-03-2023 2/2 this case. It is next submitted that neither the petitioner is a doctor nor the hospital in question belong to the petitioner. Moreover, there is no chit of paper to show that the deceased was ever treated in that said hospital or by the petitioner. Learned counsel for the State vehemently opposes the prayer for bail application of the petitioner. Considering the nature of accusation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Navya/- U T