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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50254 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Sunil Kumar Nevetiya @ Sunil Nevetiya, S/o Kishun Lal Nevetiya , R/o Vill.- Jamalpur Gogri,P.S.- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Bhushan, Advocate.

For the Opposite Party/s :

Mr. Madhuranand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogri P.S. Case No.187 of 2018/G.R. No.1433 of 2018 registered under Sections 304/34 of the Indian Penal Code. The accusation is that the informant, who is Police Chowkidar, was going to Police Station on 29.05.2018. When he reached at Disha Netrayala Chikitsalaya, then found the gathering of some people there. Thereafter, he entered into the Chikitsalaya and saw a girl, aged about 16 years, lying dead there and her relatives were weeping. The people disclosed that due to latches of doctor, compunder and others, girl died after surgery of Appendics.

Patna High Court Cr.Misc. No.50254 of 2018(2) dt.20-09-2018 2/2 Learned counsel for the petitioner submits that the petitioner is neither doctor nor compounder rather he is running the medical shop there, while in the F.I.R., it is alleged that the petitioner is the Proprietor of that hospital. Further submission is that if for a moment, the prosecution case is taken to be true, then also, the petitioner is the Proprietor of that Hospital but he was not indulged in the surgery or treatment of the girl. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Gogri P.S. Case No.187 of 2018/G.R. No.1433 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T