2025:JHHC:26373 --1-- A.B.A. No. 4973 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4973 of 2025 ---- Arun Sharma @ Arun Thakur, aged about 41 years, S/o Govind Thakur, resident of 360, Tilaiya Basti, Jhumri Tilaiya, PO and PS – Jhumri Tilaiya, District - Koderma .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Pran Pranay, Advocate For the State :- Mr. Achinto Sen, Advocate ---- 02/01.09.2025 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Dhanwar P.S. Case No.116 of 2023, for the alleged offences registered under Sections 304 and 114 of Indian Penal Code pending in the Court of learned Judicial Magistrate First Class, Giridih. 3. Learned counsel appearing for the petitioner submits that the petitioner is one of the doctor of Rani Nursing Home at Remba and the said is being run in supervision of Dr. Gulshan Agarwal and the petitioner. He submits that the allegations are made that surgery was made for delivery, however, the patient and child both were not saved and for that FIR has been lodged alleging that care was not taken. He submits that independent witnesses have stated in the case diary that severe bleeding was already made before 2025:JHHC:26373 --2-- A.B.A. No. 4973 of 2025 reaching of the hospital. 4. Learned counsel appearing for the State opposes the prayer and submits that due to lack of negligence the life has not been saved. 5. Considering that the petitioner is the doctor and it is not a case that the petitioner is not having any proper degree and the hospital is being run by two doctors and it has been pointed out that the bleeding was already made severely before reaching to the hospital and further prima facie it appears that FIR has been registered without following the due process of guidelines made by Hon’ble Supreme Court in the case of Jacob Mathew versus State of Punjab and Another reported in (2005) 6 SCC 1, I am inclined to provide anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First Class, Giridih in connection with Dhanwar P.S. Case No.116 of 2023, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Sanjay Kumar Dwivedi, J.) Sangam/