IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9631 of 2010 DR.AKLESH KUMAR DAS . Versus STATE OF BIHAR . ----------- 4/ 14/6/2010 Heard learned counsel for the petitioner and learned counsel for the State. The defence of the petitioner in a police case under Section-304/34 of Indian Penal Code is that he is a qualified medical practitioner with an M.B.B.S. degree. The death was accidental in course of a routine operation. Learned counsel for the State points out from paragraph-43 of the case diary that a doctor had opined that the death is due to anal dilation during operation in light anesthesia which causes asphyxia which lead to death. In absence of any material in the expert’s report of lack of adequate care and caution on the part of the petitioner as a person trained in surgery let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.20,000/- (twenty thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection 2 with Lalganj P.S. Case No.278/09 subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)