Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 22197 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== VINOD KUMAR SINGH S/O- VISHWANATH SINGH R/O- VILLAGENANDAN, WARD NO.- 04, P.S.- DUMRAON, DIST.- BUXAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Shashank Shekhar, Advocate For the Opposite Party/s :

Mr Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2 The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 3 (3), 29 (1), Rules 9, 17 (2) of the PC & PNDT (Prohibition of Sex Selection) Act, 1994 and 1996.

3 Learned counsel for the petitioner submits that the petitioner, being proprietor of Puja Ultrasound Center came to be implicated in the instant case by the informant with an allegation that when the Ultrasound Centers were being checked, it was found that the Center of the petitioner was closed. The learned counsel next submits that from perusal of the allegation, as alleged in the FIR, it would manifest that the

Patna High Court CR. MISC. No.22197 of 2024(2) dt.18-04-2024 2/3 same does not even remotely suggest that the petitioner was found misusing the Center for any ulterior purpose. It is next submitted that the licence of the petitioner for running the Ultrasound Center expired in December, 2022 and, thereafter, the petitioner had applied for renewal but the renewal application was kept pending. It is next submitted that from perusal of the allegation, as alleged in the FIR, it would also transpire that informant has taken note of the fact that the petitioner, in his reply to the show cause, has taken a specific stand that the licence for the Center had expired and he had applied for renewal.

It is next submitted that since there is no allegation of any misuse of the Center by the informant of carrying any pre-natal diagnostic technique for sex selection, the petitioner be granted the privilege of anticipatory bail. It is also submitted that the petitioner had employed one Dr Birendra Kumar who had the requisite qualification for carrying out the pre-natal diagnostic technique in accordance with law. 4 The learned APP for the State opposed the prayer for bail.

5 In view of the submissions made by the learned counsel for the parties, the petitioner above named, in the event of his arrest or surrender before the learned trial Court within a

Patna High Court CR. MISC. No.22197 of 2024(2) dt.18-04-2024 3/3 period of six weeks from today, be released on anticipatory bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial Court where the case is pending/successor court in connection with Buxar Complaint Case No 81 (O) of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr P C.

(Satyavrat Verma, J) M.E.H./- U T