Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68530 of 2019 Arising Out of PS. Case No.-332 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Dinesh Yadav Son of Shri Suresh Yadav, Resident of Aykar Gali (Behind R.D. Place), Ward No. 18, P.S. and District - Sitamarhi. ... ... Petitioner
Versus
The State of Bihar. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Advocate For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Sitamarhi P.S. Case No. 332 of 2019 registered for the offences punishable under Sections 304, 419, 420, 338, 269, 270, 467, 468, 188 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner being a Security Guard in the hospital has no role to play in the matter of treatment provided to the patient. The petitioner is in custody since 27.06.2019.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the nature of the allegations wherein it is alleged that the informant had got admitted his wife for delivery but in course of operation the new born child died and there appears a case of negligence against the hospital. The contention
Patna High Court CR. MISC. No.68530 of 2019(2) dt.04-12-2019 2/2 of petitioner being that he was working as Security Guard and has no interest either in the said hospital otherwise as also he has remained in custody since 27.06.2019, let the petitioner above named be released on bail in connection with Sitamarhi P.S. Case No. 332 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) vats/ved U T