Dr. Manoj Kumar @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71795 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- DANAPUR District- Patna ====================================================== 1.

Dr. Manoj Kumar @ Manoj Kumar S/o Late Chandeshwar Singh R/o Village- Painapur, P.S.- Naubatpur, District- Patna 2.

Dr. Maya Kumari @ Maya Kumari W/o Swabhav Sundar R/o MohallaRajeev Nagar, Road No.4, P.S.- Rajeev Nagar, District- Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, A.P.P.

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Petition for pre-arrest bail of petitioner no.1 is dismissed as withdrawn.

2. Heard learned counsel for the petitioner no.2 and the State.

3. Petitioner apprehends arrest in a case registered for the offence punishable under sections 304 and 34 of the Indian Penal Code.

4. As per the prosecution case, due to negligence of this petitioner and other co-accused persons, wife of informant died in the Child Care Hospital, Bibiganj.

5. It is submitted on behalf of the petitioner no.2 that name of petitioner no.2 has wrongly been mentioned in the FIR as doctor of the said Hospital rather she is owner of the Nearby

Patna High Court CR. MISC. No.71795 of 2024(3) dt.18-01-2025 2/2 Dayal Hospital which has no concern with the Child Care Hospital. Even in the FIR, it is not the case of the informant that this petitioner operated upon the deceased or committed any negligence. As per FIR, this petitioner is only alleged to be working in the said clinic. Petitioner is a lady and claims clean antecedent.

6. Learned counsel for the State and informant oppose the prayer for bail.

7. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let petitioner no.2, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Danapur, Patna in Danapur Police Station Case No. 357 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T