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Patna High Court - Orders

Ramjay Bharati vs The State Of Bihar on 20 May, 2024

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27754 of 2024
                  Arising Out of PS. Case No.-89 Year-2023 Thana- BUXAR COMPLAINT CASE District-
                                                          Buxar
                 ======================================================
                 Ramjay Bharati Son of Late Hari Kishun Prasad Resident of Village-
                 Brahmpur Chourasta, P.S. Brahmpur, District-Buxar
                                                                   ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Sri Deepak Kumar, Addl. S.D.M., Buxar, Govt. of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Bhaskar Shankar
                 For the Opposite Party/s :     Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-05-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 22(1), 23(1), 23(3), 25 of the PC & PNDT (Prohibition of Sex Selection) Act, 1994 (for short "Act").

3. As per complaint case, on 22.05.2023, the premises of Bharti Ultrasound was checked by a team comprising Dr. Prem Chandra Prasad, I/c medical officer and Sri Anish Tiwari, District Planning Officer, Buxar and during checking, the ultrasound centre was found closed and it was also found that said centre was running without valid registration with concerned department and thereafter, the centre was sealed by the inspecting team.

Patna High Court CR. MISC. No.27754 of 2024(2) dt.20-05-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Neither the said ultrasound centre belong to this petitioner nor petitioner has got any concern with the said ultrasound centre. As a matter of fact, no ultrasound machine was present in the room, which was sealed nor petitioner has been found to have violated any offence under Sections 22 & 23 of the aforesaid Act.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Complaint Case No. 89(O)/2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/-

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