Patna High CourtCR. MISC./4356/2015bail granted

Shyam Bhagat v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4356 of 2015 Arising Out of PS.Case No. -287 Year- 2013 Thana -SIDHWARA District- DARBHANGA ====================================================== Shyam Bhagat, Son of Ram Rijhan Bhagat, R/o Village - Bharwara, P.S. Singhwara, District Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioner apprehends his arrest in Singhwara P.S. Case No. 287 of 2013 registered under Section 420 of the Indian Penal Code and Sections 15(2) and 15(3) of the Indian Medical Council Act, 1956.

The informant alleged that an enquiry was held by the In-charge C.A.S., P.H.C. and it was found that though the petitioner has got no certificate, he has been treating the patient. Learned counsel for the petitioner submits that the petitioner has got diploma from Institute of Alternative Medicines, Kolkata and he has also worked with a doctor and got training, and no complaint has ever been received from any of the patients. On a consideration of the facts, it appears that nobody has complained about the wrong treatment given by the

Patna High Court Cr.Misc. No.4356 of 2015 (2) dt.02-02-2015 2/2 petitioner and simply an enquiry was made and it was found that the petitioner is having no diploma or degree from a recognized institution; whereas the petitioner has annexed a certificate of getting B.A.S.M. diploma from Institute of Alternative Medicines, Kolkata.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in Singhwara P.S. Case No. 287/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T