Patna High Court - Orders
Ramesh Paswan @ Dr. Ramesh Paswan vs The State Of Bihar on 1 February, 2023
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43709 of 2022
Arising Out of PS. Case No.-382 Year-2020 Thana- BIHIA District- Bhojpur
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Ramesh Paswan @ Dr. Ramesh Paswan, Son of Radha Kishun Paswan,
Resident of village- Salempur Pipara, P.S- Ara Muffasil, Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amit Paswan Son of Angad Paswan Resident of village- Wasdeopur, P.S-
Bihiya, Dist- Bhojpur
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Saroj Kumar, Advocate
Md. Ataul Haque, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 01-02-2023Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Bihiya P.S. Case No. 382 of 2020 registered for the alleged offences under Sections 420, 304 and 34 of the Indian Penal Code and under Sections 3(1)(r)(s) and 3(2)(v) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities Act) 1989 added during investigation.
As per prosecution case, wife of the informant was pregnant and on advice of the petitioner he got her admitted in Patna High Court CR. MISC. No.43709 of 2022(4) dt.01-02-2023 2/4 the hospital of the petitioner. After operation, the wife of the informant gave birth to a daughter and her condition deteriorated and later on, the fact came to the knowledge that due to botched up operation, kidney of the wife of the informant got damaged and she subsequently died.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner is related to the informant and the petitioner is not a doctor and he has nothing to do with the hospital in which the wife of the informant was admitted. The informant has been demanding Rs. 90,000/- from the hospital and when the same was not given to him he filed this false case. The petitioner just accompanied the respondent being his relative and well wisher and he has no knowledge about the qualification of the doctors and other staff of the hospital where the wife of the informant was being treated. Learned counsel further submits that the petitioner has nothing to do with the treatment of wife of the informant. Charge sheet has been submitted in this case and the petitioner is in custody since 21.04.2022. The petitioner has got no criminal history.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner submitting that this is a case of medical Patna High Court CR. MISC. No.43709 of 2022(4) dt.01-02-2023 3/4 negligence. However, learned A.P.P. concedes that cause of death as mentioned in the F.I.R. as patient having anemia died due to acute renal failure post operatively.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that the petitioner does not appear to have some direct connection with the death of the wife of the informant, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1 st Additional Sessions Judge-cum-Special Judge, Schedule Caste/Schedule Tribe Act, Bhojpur at Ara in connection with Bihiya P.S. Case No. 382 of 2020, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the Patna High Court CR. MISC. No.43709 of 2022(4) dt.01-02-2023 4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) daya/-
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