IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.776 of 2009 SANTOSH YADAV @ SANTOSH KUMAR . --- PETITIONER Versus 1. THE STATE OF BIHAR 2. DR. JAIDEEP SINGH @ DR. J.D. SINGH 3. PAPPU KUMAR --- OPP. PARTIES. ----------- 02 15.04.2011 Heard learned counsel for the petitioner and the State. Petitioner is the complainant. He is aggrieved by order dated 04.02.2009 passed by learned Judicial Magistrate Ist Class, Munger in complaint case no. 105( c) of 2006 whereby the application filed on behalf of the complainant under Section 323 of the Code of Criminal Procedure has been considered and rejected. The Court below after having considered the submissions made on behalf of the parties observed as under in the impugned order:- “ogha izfrj{kk ds fo}ku vf/koDrk dk ;g dguk gS fd fpfdRld }kjk dfFkr e`rd jksxh dh fLFkfr dks ns[krs gq, vkWijs'ku djuk mfpr ugha ikdj bldh lwpuk mlds ifjokjokys dks nh xbZ gSA vr% e`rd dh e`R;` chekjh ds dkj.k gqbZ] u dh MkDVj ;k dEikm.Mj ¼nksuksa vfHk;qDr½ }kjk tkucq>dj mudh gR;k djus dk iz;kl fd;k x;k vkSj u gh mudh gR;k dk bjknk FkhA vr% Hkk0n0fo0 dh /kkjk 302 ;k 304 Hkk0n0fo0 dk dksbZ ekeyk ugha curk gSA vr% ifjoknh dk nkSjklqiqnZxh dk vkosnu fuLrkfjr fd;k tk,AÞ Learned counsel for the petitioner has not been able to demonstrate with reference to the materials on record and/or the 2 case laws that in such circumstances, the doctor shall be liable to be prosecuted under Section 302 of the Penal code particularly when there is no allegation that the opposite parties intentionally caused the death of the father of the complainant. On the contrary, by different pronouncements of the Hon’ble Supreme Court, in such fact situations have held that they can be prosecuted under Section 304A of the Penal Code and the prosecution has to prove the same by cogent evidence. In the present case, the accuseds are being prosecuted under section 304A of the Penal Code. This Court does not find any patent illegality/perversity in the order impugned passed by Court below meriting interference. It is, accordingly, dismissed. Sym (Kishore K. Mandal, J.)