IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32 of 2009 JITENDRA YADAV son of Late Hari Yadav Resident of village Adalchak,P.S.Dumariya,Distt.Gaya Versus STATE OF BIHAR With Cr.Misc. No.8735 of 2009 RAJU YADAV son of Jaggu Yadav Resident of village Jabra,P.S.Hantarganj,Distt. Chatra. Versus STATE OF BIHAR ----------- 3/ 10.4.2009 Heard learned counsel for the petitioners, the informant and the State. Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence for which first information report was registered under Sections 313 and 307/34 of the Indian Penal Code. According to first information report, the informant’s wife was brought to the clinic of petitioner Jitendra Yadav as she developed stomach pain. The informant’s wife got relief there and returned to her house but in the night again she developed stomach pain and brought to the said clinic where another petitioner Raju Kumar conducted operation. Thereafter when she developed again stomach pain, she was brought to P.M.C.H. where in course of treatment she died. Submission is that from annexure 2, discharge summary, it appears that the informant’s wife was examined by Dr. Rajendra Prasad and was operated by Dr.Jayadeva Sinha. It is further submitted that the petitioners have not taken any part in operation of the - 2 - informant’s wife. The prayer for bail has been opposed by learned counsel appearing for the informant who submits that the petitioners were quack and they have wrongly medicated the informant’s wife. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Dumariya P.S.Case No. 24 of 2008. Md.S. (Shyam Kishore Sharma,J.)