IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49507 of 2008 DR.RAMSWAROOP KUMAR, Son of Late Chhanguri Paswan, Resident of Village- Parnathpur, P.S.Amarpur, District-Banka, at Present Village- Dafarpur, P.S. Barahat, District-Banka Versus STATE OF BIHAR ----------- 3 06-04-2009 Heard Mr. Ranjan Kr Jha, the learned counsel for the petitioner, Dr. Ramswaroop Kumar, the sole F.I.R. named accused of Amarpur P.S.Case no.15 of 2008, registered under Section 304 I.P.C. who is facing incarceration in connection therewith since 30.7.2008. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case with the sole purpose of extorting money from him and that the allegations made against him being false he would fall within the ambit of Section 304 I.P.C. and at best he could be made liable for offence under Section 304- B I.P.C. The prayer for bail has been rejected by the Sessions court on the ground that no material had come on record to indicate that the petitioner was even a practitioner. The court had also relied on the statements of the witnesses recorded in paragraph nos. 5 to 7, 12, 23 of the case diary who appear to have supported the prosecution case stating that she had died in course of the operation . There is also reference to paragraph 13 of the case diary which reveals that the seized prescription indicated “referred to B.P.C.H’’ Due regard being had to the situation at hand, I am not in a position to enlarge the petitioner on bail at the present moment since - 2 - nothing has been brought on record to indicate that he was a legal practisioner authorizing to perform surgical intervention. The prayer for bail is accordingly rejected. NKS/- (Abhijit Sinha, J.)