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Patna High CourtCR. MISC./825/2020allowed

Parsuram Sharma @ Purushotam Sharma v. The State Of Bihar

2020-02-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.825 of 2020 Arising Out of PS. Case No.-449 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Parsuram Sharma @ Purushotam Sharma, Male, aged about 55 years, Son of Late Ram Khwelawan Sharma, Resident of Village - Chilmil, P.S.- Muffasil, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffail P.S. Case No. 449 of 2019 registered for the offence punishable under Sections 304 of the Indian Penal Code.

The prosecution case in short as per the F.I.R. which is based on written statement of the informant namely Mohan Sharma is that, her daughter used to reside with him due to some differences with her husband, the son of his daughter namely Prince Kumar also there with her, was suffering from fever foe last three days and for the treatment, he has been taken to a village doctor's clinic cum medicine shop at Chilmil

Patna High Court CR. MISC. No.825 of 2020(2) dt.26-02-2020 2/3 namely Purushottam Sharma, where he has injected as medicine and from his hands and feet become hard and he died due to the negligent act of the doctor.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence and has committed no offence. He further submits that the informant after getting the information regarding the institution of the F.I.R. has filed an application before the learned court disclosing the facts regarding the actual fact of affairs vide his application dated 31.08.2019 (Annexure-2 to the present bail application). Learned counsel for the petitioner further submits that petitioner is a teacher in the Government School. He further submits that the matter is something different and the deceased not died due to wrong medication rather he died due to chronic decease. No external mark of injecting medicine was found on the body of the deceased in the autopsy report itself goes to corroborate the innocence of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.825 of 2020(2) dt.26-02-2020 3/3 the satisfaction of C.J.M., Begusarai in connection with Muffail P.S. Case No. 449 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T