IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33288 of 2008 DR.LALAN JHA Son of Sri Dahaur Jha, R/v. Pilkhi, P. S. – Sakra, District – Muzaffarpur ………………………. Petitioner Versus THE STATE OF BIHAR …………. Opp. Party ----------- 2 22.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 314, 420, 120(B) of the Indian Penal Code. As per the complaint the complaint’s wife was taken by petitioner and others in Ambadkar Nursing Home in the village for delivery. As the condition of the lady was serious, she was referred to K.D. Kejriwal hospital, where she was operated upon and a dead child was taken out from her womb. The complainant has alleged that due to the act of this petitioner the condition of his wife had deteriorated. Learned counsel for the petitioner submits that the petitioner is a quake doctor of the village. He did not cheat the lady and merely took her to the Ambadakar Hospital from where she was referred to K.D. Kejriwal Hospital. The lady had filed an affidavit, vide Annexure-2, where she says that under misconception her husband had filed the complaint. She has also filed a compromise petition. The complainant and his wife have also filed compromise petition vide Annexure – 3. Learned counsel for the petitioner further submits that as the petitioner is not a licensee medical practitioner he undertakes not to practice after coming out of the jail. In the circumstances as noticed above and in view of the undertaking given by the learned counsel for the petitioner on behalf - 2 - of the petitioner, the application is allowed. Let petitioner, Namely Dr. Lalan Jha be released on bail on furnishing bail bond of Rs.10,000/- (then thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Piyar P.S. Case No. 85 of 2004. Kundan (J. N. Singh, J.)