IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31285 of 2008 DILIP RAI, SON OF DEVENDRA RAI, RESIDENT OF VILLAGE- BANBIRA, P.S.- TAJPUR (HALAI O.P.), DISTRICT- SAMASTIPUR …… PETITIONER Versus THE STATE OF BIHAR …… OPP.PARTY ----------- 3. 16/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302/34 of the Indian Penal Code. As per allegation of the informant, his son was operated upon by Dr.Jawahar Prasad in his Nursing Home which runs in the building of the petitioner. Dr.Jawahar Prasad did not take proper care in the operation and committed negligence and carelessness on account of which the condition of the son of the informant deteriorated and he was referred to P.M.C.H. but on the way he died. Allegation against the petitioner is that he also connived with the said doctor. Petitioner has been implicated in this case as the said Nursing Home of Dr.Jawahar Prasad was running in the building of the petitioner on rent. Learned counsel for the petitioner submits that the petitioner had no hand in getting the boy operated upon by said Dr.Jawahar - 2 - Prasad, and therefore, he cannot be attributed to have committed any offence. It is also submitted that chargesheet has been submitted only against said Dr.Jawahar Prasad in this case till now. It is said that the petitioner has no criminal antecedents and he is in custody since 13.5.2008. Petitioner is merely the owner of the building in which the said Nursing Home of Dr.Jawahar Prasad was running on rent. In the circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Patory P.S.Case No.40 of 2007. Pradeep/ (J. N. Singh, J.)