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Patna High Court - Orders

Lalan Kumar @ Karu Ram vs The State Of Bihar on 22 December, 2021

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.17331 of 2021
                     Arising Out of PS. Case No.-364 Year-2019 Thana- SABAUR District- Bhagalpur

                 ======================================================
           1.     Lalan Kumar @ Karu Ram, aged about 30 years, Gender-Male, son of Gopal
                  Ram.
           2.    Mantu Yadav @ Manta Yadav, aged about 34 years, Gender-Male, son of
                 Jamun Yadav.
           3.    Sonu Kumar @ Sonu Yadav, aged about 20 years, Gender-Male, son of
                 Ashok Yadav.
           4.    Bittu Kumar @ Bittu Yadav, aged about 21 years, Gender-Male, son of
                 Makkli Yadav.
           5.    Rahul Raj @ Rahul Yadav, aged about 28 years, Gender-Male, son of Ganga
                 Yadav.
           6.    Chandan Kumar @ Chandan Yadav, aged about 28 years, Gender-Male, son
                 of Ganga Yadav.
           7.    Rupesh Kumar @ Rupesh Yadav, aged about 23 years, Gender-Male, son of
                 Hari Yadav.
                        All resident of Village-Mansarpur PS- Industrial Area, District-
                 Bhagalpur.

                                                                                  ... ... Petitioners
                                                      Versus
                 The State of Bihar.

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Manoj Kumar Jha, Advocate
                 For the Opposite Party :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-12-2021

Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seek anticipatory bail in connection with Sabour P.S. Case No. 364 of 2019 registered for the Patna High Court CR. MISC. No.17331 of 2021(2) dt.22-12-2021 2/3 offences under Sections 147, 148, 149, 341, 323, 448, 427, 379, 354 of the Indian Penal Code.

Prosecution case, as per the F.I.R., is that a patient namely, Manoj Yadav, met with an accident and he was admitted in a hospital. During the course of treatment he died, thereafter, the relatives and his supporters became violent and they started abusing and misbehaving with the females. The accused persons also damaged the property of the hospital and outraged the modesty of the female employees of the hospital.

It has been submitted by learned counsel for the petitioners that the names of the petitioners are not mentioned in the F.I.R. and for the same occurrence another criminal case was registered by the Police, in which co-accused have been granted anticipatory bail.

I have considered the materials available on record. It is now common practice that when a patient dies in the hospital, his relatives and supporters starts assaulting the doctors and damage the hospital property. This kind of behaviour on the part of the general public has to be stopped and some beginning has to be made. The grant of bail in such type of cases has been encouraging the relatives of the patients to indulge in criminal activities.

Patna High Court CR. MISC. No.17331 of 2021(2) dt.22-12-2021 3/3 Considering the materials available on record, this anticipatory bail application on behalf of the petitioners is dismissed.

(Sandeep Kumar, J) pawan/-

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