Indu Devi @ Dr. Indu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65674 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- OBRA District- Aurangabad ====================================================== INDU DEVI @ DR. INDU Wife of Late Rakesh Singh Resident of VillageHarnahi, P.S.- Jamhor, P.O.- Gijna, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Chandra Bhaskar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Obra P.S.Case No.200 of 2019, registered for offences punishable under Sections 304 and 34 of the Indian Penal Code.
As per FIR, petitioner, who is the Doctor, operated upon the pregnant wife of the informant but the case deteriorated and she was taken to Narayan Medical Hospital and from there she was taken to Varanasi , where she gave birth to a child but later on she died and thereafter the present case has been lodged.
Submission of the learned counsel for the petitioner is that no case is made out under Section 304 of the IPC and the
Patna High Court CR. MISC. No.65674 of 2019(3) dt.12-12-2019 2/2 petitioner has falsely been implicated in this case and even if the allegation is accepted, only the case of negligence is made out against the petitioner.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar District Aurangabad in connection with Obra P.S.Case No.200 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T