Masum Ahmad @ Mohammad Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9283 of 2023 Arising Out of PS. Case No.-1662 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== MASUM AHMAD @ MOHAMMAD GULAB S/O Late Mujafar Hussain R/O Village- Raipur, P.S- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nasreen Bano W/O Ishtekhar R/O Village- Kharsand, Ward No- 04, P.SKalyanpur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar , Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420 of the Indian Penal Code.

It is alleged that all the accused persons including this petitioner was running illegal Nursing Home at Hayaghat without any degree and in the name of operation of uterus took Rs. 30,000 from the father of the informant and when the operation of the could not succeed then this petitioner referred the patient to Patna for better treatment and in course of treatment Rs. 3,05,654 have been incurred by the father of the

Patna High Court CR. MISC. No.9283 of 2023(3) dt.23-06-2023 2/3 complainant. It is further alleged that this petitioner and his son have assured to pay all the cost of operation and out of which Rs. 69000/- have been given to the father of complainant and when the father of complainant demanded his rest amount then they threatened with dire consequences.

It is submitted on behalf of the petitioner that petitioner is roped in this case because he happens to be the father of co-accused (Ajaj Ahmad). He is 70 years old aged person and has got nothing to do with the alleged Nursing Home. He is not a village doctor and there is no allegation of cheating on him. Only with a view to put pressure to extort money from petitioner and his son, this false and concocted case has been lodged against them. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Chief Judicial Magistrate, Samastipur arising out

Patna High Court CR. MISC. No.9283 of 2023(3) dt.23-06-2023 3/3 Complaint case No. 1662 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T