Fulchandra Kumar @ Fulchand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67908 of 2022 Arising Out of PS. Case No.-389 Year-2021 Thana- BANKA District- Banka ====================================================== Fulchandra Kumar @ Fulchand Kumar S/o Chakradhar Yadav R/vBandhudih, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 304, 201 and 34 of the Indian Penal Code and section 16 of the Bihar Clinical Establishments (Control and Registration) Act, 2007. As per the prosecution case, daughter of the informant gave birth to a child after operation in Lilavati Health Care hospital. It is further alleged that after few hours of operation condition of the daughter of informant started deteriorating, then accused persons including petitioner took her to Mayaganj Hospital where she died.

It is submitted that petitioner has been falsely implicated in this case and he is nowhere connected with the

Patna High Court CR. MISC. No.67908 of 2022(2) dt.20-03-2023 2/2 hospital. Petitioner is neither the doctor nor the Compounder. He runs a medical shop and only on suspicion he has been made accused in this case. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Judicial Magistrate Ist Class, Banka in connection with Banka P.S. Case No. 389 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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