Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19197 of 2012 ====================================================== 1. Pradeep Kumar Sharma S/O Sri Sudarshan Sharma Resident Of Village- Chainpur, P.S.- Parsa, District- Saran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. R.c. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 21-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in connection with Bheldi P.S. Case No. 7 of 2012 for the offences punishable under [STATUTE] . According to the First Information Report the accused persons including the petitioner being doctor of a nursing home operated the pregnant wife of the informant and after when the condition of his wife could not improve, he asked the doctor to refer anywhere else but he assured him that he will do everything and no untoward will happen. It is further alleged that the wife of the informant later on died Patna High Court Cr.Misc. No.19197 of 2012 (2) dt.21-05-2012 2 / 3 2 during course of his treatment which led to filing of this case. Learned counsel for the petitioner submits that the petitioner is not a doctor rather he is the Manager. The court below is directed to examine as to whether the petitioner is a doctor and Manager and after proper enquiry he will enlarge the petitioner on bail. Under the circumstances, in the event of arrest or surrender within four weeks from toady the abovenamed petitioner is directed to be released on anticipatory bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Bheldi P.S. Case No. 7 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and (i) that one of the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. Patna High Court Cr.Misc. No.19197 of 2012 (2) dt.21-05-2012 3 / 3 3 (iii) the balior shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.