Dr. Sachin Kumar Gautam @ Sachin Kumar Gautam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16644 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. DR. SACHIN KUMAR GAUTAM @ SACHIN KUMAR GAUTAM, Son of Late Krishna Nandan Prasad Singh,

2. Arpan Kumar, Son of Late Nawal Kishore Sangahi, R/o VillageAmarpur, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 Heard the parties.

The petitioners are apprehending his arrest in connection with Gogari P.S.Case No.182 of 2016 registered for offences punishable under Sections419, 420, 384/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that even according to the F.I.R., the petitioners have operated the wife of the informant for the first time and whatever the allegation comes thereafter that is against one owner of the Clinic and against another Doctor but not against the petitioners and the owner of the Clinic has already been granted anticipatory bail by this Court, vide order dated 10.02.2017 passed in Cr. Misc. No.3024 of 2017. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the co-

Patna High Court Cr.Misc. No.16644 of 2017 (2) dt.10-04-2017 2/2 accused has already been granted anticipatory by this Court, as such, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria in connection with Gogari P.S.Case No.182 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the trial of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. (iv) It is further directed that after investigation, if any serious materials come against the petitioner, the prosecution is at liberty to move for cancellation of the bail bond of the petitioners.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U