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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72626 of 2019 Arising Out of PS. Case No.-115 Year-2014 Thana- KARPI District- Jehanabad ====================================================== Sunil Kumar @ Dr. Sunil Kumar Son of Kapildeo Singh Resident of VillageBasan Bigha, P.S-Karpi, District-Arwal. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rama Kant Singh, Advocate For the Opposite Party :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Karpi P.S. Case No. 115 of 2014 registered under Sections 304 read with 34 of the Indian Penal Code. Later on, cognizance has been taken under Sections 304 and 419 of the Indian Penal Code and Sections 3 and 4 of Indian Medical Degrees Act, 1916. Learned counsel for the petitioner submitted that due to lack of proper care and negligence on the part of the informant, the daughter of the informant died after delivering a baby in a private nursing home with which the petitioner has no connection. However, in a planned manner, he has been implicated in the instant case and has been taken into custody

Patna High Court CR. MISC. No.72626 of 2019(2) dt.11-12-2019 2/2 on 17.09.2019 and since then he is rotting in jail. He submitted that co-accused Surendra Kumar @ Surendra Yadav having more or less identical allegation has already been granted bail by a Bench of this Court vide order dated 09.02.2017 passed in Cr. Misc. No. 47972 of 2016. His further contention is that there is inordinate delay in institution of the case as the alleged occurrence of offence took place on 10.06.2014 but the FIR was registered on 12.06.2014 and the same was sent to the Court on 17.06.2014.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Considering the facts and circumstances of the case and the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 115 of 2014. (Ashwani Kumar Singh, J) kanchan/- U T