Dr. Ashok Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20355 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -KHODAWANPUR District- BEGUSARAI ======================================================

1. Dr. Ashok Kumar S/o Late Haldhar Prasad, Incharge Medical Officer

2. Dr. Alkama, S/o Late Riyajuddin, Aayush Chikitsak, Both are posted in Primary Health Centre, P.S.- Khodabandpur, Dist- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections, 323, 504, 34 of the Indian Penal Code and under Section 3(1)(x) of the SC/ST Act.

The prosecution case is that the informant, Naresh Paswan, Mukhiya of Gram Panchayat Sagi, during making of disability certificates to disable persons was sitting in the chambers of Prakhand Pramukh along with other Panchayat representatives when some persons complained that they are not getting disability certificates. On protest being made by the informant, the petitioners, who are doctors, abused the informant.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.20355 of 2016 (2) dt.11-05-2016 2/2 petitioners that petitioners are doctors and at earlier point of time some Panchayat representatives, including the informant, heckled with the petitioners for which Khodabandpur P.S. case No. 25 of 2015 was lodged and thereafter the present case has been lodged. It is further submitted that the informant retracted from his earlier version and filed a petition to that effect before the court below. Statement has been in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raj Kumar, learned Special Judge, SC/ST Act, in connection with Khodabandpur P.S. Case No. 26 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T