Manoj Kumar @ Dr. Manoj Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1214 of 2023

Arising Out of PS. Case No.-37 Year-2023 Thana- SIKARPUR District- West Champaran

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MANOJ KUMAR @ DR. MANOJ KUMAR S/O KASHI PRASAD @ BRIJMOHAN GUPTA R/O- VILLAGE-MATHURA, PS- SHIKARPUR , DISTRICT -WEST CHAMPARAN

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... ... Appellant/s

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Versus

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The State of Bihar

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AJAY KUMAR PASWAN S/O LATE JAGARNATH PASWAN R/O VILLAGE- TADHVANANDPUR, WARD NO.- 13, P.S- BAIRIYA, DISTT.- WEST CHAMPARAN.

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Bimlesh Kumar Pandey For the Respondent/s : Mr. Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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5 19-11-2024 1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

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2. An order, dated 14.02.2023, passed by learned Additional District and Session Judge I -cum- Special Judge SC/ST, Betiiah, West Champaran, in ABP No. 307 of 2023, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Shikarpur Police Station Case No. 37 of 2023 registered for the offences punishable under

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Patna High Court CR. APP (SJ) No.1214 of 2023(5) dt.19-11-2024 2/4

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Sections 304/34 of the Indian Penal Code and Section 3 (2)(v) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

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3. The prosecution case, as per the First Information Report, is that on 12.01.2023, the wife of the informant was operated upon by the appellant and three unskilled compunders, along with nurse, who performed tubectomy and due to wrong surgical procedure she died on the same day.

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4. Learned counsel for the appellant submits that the appellant is not a qualified doctor rather he runs a shop/clinic near the nursing home, which is being run by Dr. Quamuzzaman, who is a qualified doctor. He operated upon the informant’s wife. He further submits that the statement of Dr. Quamuzzaman was recorded during the course of investigation, in which, he has accepted the fact regarding operation being performed by him upon the deceased.

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5. On the other hand, learned counsel for the State, referring to the case diary, submits that the appellant runs a nursing home from his house, who is not a qualified doctor. He used to treat patients in his nursing home, along with

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Patna High Court CR. APP (SJ) No.1214 of 2023(5) dt.19-11-2024 3/4

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unskilled compunders and nurses. He next submits that there is allegation against the appellant as per the First Information Report that he operated upon the informant’s wife and was present in the operation theater, along with other unskilled staff, and due to lack of proper care and procedural error deceased died on the same day.

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6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the appellant, without having any degree and license, is running a nursing home in his house and treating patients and due to lack of proper care and procedural error, the wife of the informant died during tubectomy operation in the nursing home, I am not inclined to grant the appellant privilege of anticipatory bail.

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7. This appeal is, accordingly, dismissed and the order, dated 14.02.2023, passed by learned Additional District and Sessions Judge I -cum- Special Judge, SC/ST, Bettiah, West Champaran, in ABP No. 307 of 2023, is affirmed.

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8. Pursuant to the order, dated 26.07.2023, Investigation Officer of Shikarpur Police Station Case No. 37 of 2023 is present in-person before this Court, along with case

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Patna High Court CR. APP (SJ) No.1214 of 2023(5) dt.19-11-2024 4/4

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diary. Accordingly, personal appearance of the Investigation Officer is dispensed with.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Manoj Kumar @ Dr. Manoj Kumar v. The State of Bihar

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Manoj Kumar @ Dr. Manoj Kumar v. The State of Bihar

Case brief

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