IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8829 of 2008 DR.AKHILESHWAR TRIPATHI Versus STATE OF BIHAR ----------- 9. 19.08.2008 Heard learned counsel for the petitioner and the State. Supplementary affidavit has been filed on behalf of the petitioner. The petitioner, Dr. Akhileshwar Tripathi is an accused in a case for the offences registered under Sections 304/34 of the Indian Penal Code. It is submitted that the Maa Gaetri Care Hospital Mohania, where the brother of the informant was being operated, it is alleged that this petitioner alongwith four doctors entered into the operation theatre including one Santosh Kumar Singh @ Dr. S.K. Singh. It is further submitted that there is no specific allegation against this petitioner nor against any other co-accused to have performed the operation. It is further submitted that the said Santosh Kumar Singh @ Dr. S.K. Singh alongwith the petitioner had gone to invite the other doctors in connection with inauguration of hospital namely Ashirvad hospital. It is further submitted that Santosh Kumar Singh @ Dr. S.K. Singh has been allowed anticipatory bail vide order dated 29.07.2008 passed in Cr. Misc. No. 8118 of 2008 with analogous cases. Having considered the submissions as noted above and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, - 2 - namely, Dr. Akhileshwar Tripathi ( A.K. Tripathi) be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 341 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)