Patna High CourtCR. MISC./43815/2015disposed

Dr. Binay Kumar @ Binay Kumar v. The State Of Bihar

2016-02-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43815 of 2015 Arising Out of PS.Case No. -295 Year- 2014 Thana -TEKARI District- GAYA ====================================================== Dr. Binay Kumar @ Binay Kumar Son of Sri Arjun Prasad, Resident of village- Salempur P.S. Tekari, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory in a case registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code. The prosecution case is that the informant deposited Rs.2,00,000/- (Two lakhs) by way of donation for taking admission in Nursing Training School but she was given receipt of Rs.90,000/- (Ninety thousand). But neither the registration of the informant was made nor she was allowed to appear at the Nursing Examination. The petitioner was alleged to be nominated President of the said Institute. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.43815 of 2015 (2) dt.24-02-2016 2/2 petitioner that due to interrupted recognition of the institute the informant was not allowed to appear at the examination. The petitioner was not the President at the relevant time as he was removed by the Secretary on 30.11.2012. The institute was run by the Secretary and his son. It is further submitted that some of students of the same institute had earlier lodged case against the petitioner and others where Secretary and others are in custody and hence, present prosecution amounts to double jeopardize. Considering the nature of accusation, this Court is not inclined to revise the earlier order. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Tekari P.S. Case No. 295 of 2014 pending in the court of learned Chief Judicial Magistrate, Gaya.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T