The Patna High Court granted bail to Dr. L. Paswan, a doctor charged with negligence under Section 304/34 IPC after his patient died. Bail was conditional upon his surrender within eight weeks of the order.
Petitioner granted bail subject to surrendering within eight weeks and furnishing bonds of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.56736 of 2018
Arising Out of PS. Case No.-392 Year-2018 Thana- KHAGARIA District- Khagaria
======================================================
Dr. L. Paswan @ Lalan Paswan S/o Ramuttam Paswan, R/o vill.- Mohanpur, P.S.- Muffasil, District- Begusarai At present Dr. L. Paswan Sweety Seva Sadan Vill.- Chatar Gharari in the house of Ram Kumar Rai, P.S.- Muffasil, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Yogendra Kumar ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 10-10-2018
Heard learned counsel for the petitioner and
learned APP for the State.
Petitioner apprehends arrest in connection with Khagaria (Muffasil) P.S. Case No. 392/2018, G.R. No. 1588/2018 for offences alleged under Sections 304/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, who is the grandmother of the deceased, is that her granddaughter was brought at the clinic of the petitioner, namely, Sweety Seva Sadan, Chatar Gharari for treatment and an operation was performed by the petitioner, who is a doctor. After the operation condition of her granddaughter deteriorated. She was released
Patna High Court Cr.Misc. No.56736 of 2018(2) dt.10-10-2018 2/3
from the clinic of the petitioner and taken to B.M. Hospital, Bishunpur, Begusarai where she died. It is alleged that due to negligence of the petitioner and other accused the granddaughter of the informant died.
It has been submitted by the learned counsel for the petitioner that he is a doctor and prestigious person in the society, has his own clinic having no criminal antecedent and the death did not occur because of negligence in the operation so performed on the granddaughter of the informant, rather she was taken from the clinic to another hospital at Begusarai.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 392/2018, G.R. No. 1588/2018,
Patna High Court Cr.Misc. No.56736 of 2018(2) dt.10-10-2018 3/3
subject to the conditions as laid down under Section
438(2) Cr.P.C.
(Nilu Agrawal, J)
Rajesh/-
U T
2 issues framed by the court
Whether bail should be granted to a doctor accused of negligence leading to death of a patient.
Whether the condition of surrender within eight weeks is a valid requirement for bail.
Dr. L. Paswan @ Lalan Paswan
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
