Patna High Court - Orders
Manoj Kumar vs The State Of Bihar Throughy The ... on 6 January, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52162 of 2021
Arising Out of PS. Case No.-27 Year-2021 Thana- VIGILANCE District- Patna
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MANOJ KUMAR, Son of Late Chandra Mohan Lal R/o Village- Surhari,
P.S.- Amarpur, District- Banka.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of
Bihar, Old Secretariat, Patna
2. The Additional Director General of Police, Vigilance Investigation Bureau,
Govt. of Bihar, 6, Circular Road, Patna.
3. The Superintendent of Police-cum- the Police Station Officer, Vigilance
Police Station, Vigilance Investigation Bureau, Govt. of Bihar, 6, Circular
Road, Patna.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anjani Kumar, Sr. Advocate
Ms. Archana Palkar Khopde, Advocate
Mr. Arvind Kumar, Advocate
Mr. Ram Bilash Roy Raman, A.P.P
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 06-01-2022Ref: I.A. No. 01 of 2021 Heard the parties through video conferencing. The petitioner has filed I.A. No. 01 of 2021 with a prayer to be released on provisional bail in connection with Special Vigilance Case No. 12 of 2021, arising out of Vigilance P.S. Case No. 27 of 2021 for the offence punishable under Sections 7(a)(c) and 12 of the Prevention of Corruption Act, 1988 read with Section 120-B of the Indian Penal Code, for any specific period of time to get his wife treated at any of the super- specialty hospital and in this regard, he has annexed Annexure- Patna High Court CR. MISC. No.52162 of 2021(5) dt.06-01-2022 2/4 03, the advice of the Doctor, who had examined the petitioner's wife Smt. Sangita Devi on 14.09.2021. The concern Doctor has recommended "Refer to higher treatment". This Court is not able to satisfy as to for what ailment the Doctor has "referred to higher treatment" is required, from the prescription Annexure-3.
Sri Anjani Kumar, learned Senior Advocate, assisted by Ms. Archana Palkar Khopde, submits that considering the specific prayer of the petitioner made in the above I.A., it will be proper that the wife of the petitioner be examined by a team of specialized Doctors at Government Medical College and Hospital, Purnea and after obtaining a report from the said expert team, this Court may pass necessary order as to whether, the petitioner is required to be released on provisional bail for getting his wife treated at any of the super-specialty hospital in the State/Country.
In view of the above submission made by Senior Counsel, the Superintendent, Government Medical College and Hospital, Purnea is directed to constitute a expert team of Doctors, who are directed to immediately examine the wife of the petitioner Smt. Sangita Devi and submit a joint report to the Superintendent, Government Medical College and Hospital, Purnea within three days from today.
Patna High Court CR. MISC. No.52162 of 2021(5) dt.06-01-2022 3/4 It is expected of the Superintendent, Government Medical College and Hospital, Purnea to take up the matter on priority basis without any delay. He should not make any excuse that due to outburst of Corona the said Smt. Sangita Devi could not be examined.
Sri Purushottam Kumar Jha, learned counsel appearing on behalf of petitioner submits that he will immediately contact the wife of the petitioner or any of the responsible family members of the petitioner and communicate this order today, itself, so that they could approach the Superintendent, Government Medical College and Hospital, Purnea. Sri Anjani Kumar, learned Senior Advocate has also taken up the matter seriously and submits that he will immediately communicate the order to the Superintendent of said medical college so that the wife of the petitioner could be examined within one or two days by the Expert Team of Doctors.
On request of Sri Anjani Kumar, learned Senior Advocate, assisted by Ms. Archana Palkar Khopde, Sri Purushottam Kumar Jha, learned counsel appearing on behalf of petitioner and Sri Ram Bilash Roy Raman, learned A.P.P. for the State, let this order be communicated to them on their mobile Patna High Court CR. MISC. No.52162 of 2021(5) dt.06-01-2022 4/4 numbers, which are mentioned below to enable them to communicate all the concern person and authorities for taking immediate action to get the petitioner's wife examined.
Sri Anjani Kumar, Sr. Advocate 9431622617 Sri Purushottam Kumar Jha, Advocate 9431043413 Sri Ram Bilash Roy, A.P.P. 7654954304 The Superintendent, Medical College and Hospital, Purnea is directed to submit the report to this Court within one week.
Put up this case on 17.01.2022 on the top of the list under the appropriate heading.
(Purnendu Singh, J) manish/-
U T