Arun Kumar vs The State Of Bihar on 16 January, 2025

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Patna High Court - Orders

Arun Kumar vs The State Of Bihar on 16 January, 2025

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49077 of 2024
                    Arising Out of PS. Case No.-489 Year-2023 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Arun Kumar Son Of Baleshwar Prasad R/O- Village- Tani Bigha, P.S.-
                 Jehanabad, Distt.- Jehanabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajendra Narain, Sr. Advocae
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-01-2025

Heard learned counsel for the petitioner and the State.

2. The petitioner, apprehends arrest in a case registered for the offence punishable under Sections 312 and 34 of the Indian Penal Code and section 23(2) of the PCPNDT Act.

3. As per prosecution case, informant had received a letter from Civil Surgeon-cum-Chief Medical Officer, Arwal, vide letter no. 851 dated 06.07.2023, wherein he had submitted an inquiry report regarding running of ultra sound centres at different places in the district of Arwal by the F.I.R. named accused persons including petitioner without following the rules and regulations of the PC & PNDT Act. It is further alleged that on the date of inspection, no doctors were found at the ultra sound centres including the centre of petitioner and as such, the Patna High Court CR. MISC. No.49077 of 2024(4) dt.16-01-2025 2/3 Civil Surgeon suspended the licenses of all ultrasound centres and asked for show cause reply from the concerned proprietors of ultrasound centres.

4. Learned counsel for the petitioner, submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is employee of Hari Om Ultrasound Hospital, Jehanabad and he used to keep the damaged equipment in his house but he has no concern with the alleged ultrasound centres. The petitioner is a retired person from army. The amount of Rs. 12 lacs which was recovered was retiral benefit of his father which was kept for purchasing of a plot. It is further submited that some of the co-accused persons have already been granted anticipatory bail by this Court, vide order dated 18.09.2024 passed in Cr. Misc. No. 48303 of 2024. The petitioner claims clean antecedent.

5. Learned counsel for the State has opposed the prayer for bail.

6. In view of the above facts and circumstances of the case, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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 Patna High Court CR. MISC. No.49077 of 2024(4) dt.16-01-2025 3/3 the Judicial Magistrate, 1st Class, Jehanabad in connection with Town Jehanabad P.S. Case No. 489 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Prakash/-

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Patna High Court - Orders