Dr. Shankar Prasad Sharma @ Shankar Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81882 of 2023 Arising Out of PS. Case No.-153 Year-2021 Thana- DARPA District- East Champaran ====================================================== DR. SHANKAR PRASAD SHARMA @ SHANKAR PRASAD SHARMA SON OF LATE HIRAMN THAKUR RESIDENT OF VILLAGE - PIPRA BAGHA TOLA, P.S. - DARPA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304B, 323, 504, 506/34 of the IPC.

3. The allegation against the petitioner along with others is of killing the sister of the informant due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. He submitted that petitioner was examined as witness in para-34 of the case diary and he has stated that he has administer saline and

Patna High Court CR. MISC. No.81882 of 2023(2) dt.19-12-2023 2/2 medicine to the deceased but he has failed to produce any Medical degree when demanded by the police therefore, S.D.P.O. Raxaul has found the case true against the petitioner u/s 15(3) of Indian Medical Council Act, 1956. Petitioner has no concern with the family affairs of the co-accused Santosh Prasad and his wife rather matrimonial case was going on between the parties and their relation was not good. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Darpa P.S. Case No. 153 of 2021. (Sunil Kumar Panwar, J) Arish/- U T