Patna High Court - Orders
Pawan Kumar Mishra vs The State Of Bihar on 25 June, 2024
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36571 of 2024
Arising Out of PS. Case No.-3 Year-2024 Thana- BUXAR COMPLAINT CASE District-
Buxar
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Pawan Kumar Mishra Son of Shri Sarabjeet Mishra R/O Vill.- Mishra
Ultrasound and Diagnostic Center, Raghunathpur, Brahmpur, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Mayuri Mishra, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-06-20241. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 3(3), 29(1), Rule-9 and Rule 17(2) of the PC & PNDT (Prohibition of Sex Selection) Act, 1994 and Rules of 1996 under the Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the complainant. It is next submitted that in sum and substance, the allegation in the complaint case is that the complainant on 22.05.2023 and 23.05.2023 carried a joint inspection of the Ultrasound Centre of the petitioner which was found close. Further, a telephonic conversation was made when petitioner informed that the Centre Patna High Court CR. MISC. No.36571 of 2024(2) dt.25-06-2024 2/2 was closed as Doctor was not available but then the said information was not provided to the Department. The learned counsel next submits that thereafter an enquiry was conducted in pursuance whereof a joint report of the In-charge Medical Officer, Brahmpur, Raghunathpur and BDO, Brahmpur was submitted vide letter No.1345 dated 03.08.2023 addressed to the Civil Surgeon, Buxar recording therein that in the enquiry, nothing was found against the petitioner.
4. Learned A.P.P. opposes the bail application.
5. Consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Complaint Case Number 3(O) of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The applications stands allowed.
ravikr/- (Satyavrat Verma, J) U T